High Court Kerala High Court

T.K.Valsala vs The Authorized Officer (Chief … on 18 January, 2011

Kerala High Court
T.K.Valsala vs The Authorized Officer (Chief … on 18 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 922 of 2011(M)


1. T.K.VALSALA,
                      ...  Petitioner

                        Vs



1. THE AUTHORIZED OFFICER (CHIEF MANAGER),
                       ...       Respondent

2. THE MANAGER, SBT, POOVACHAL BRANCH,

                For Petitioner  :SRI.A.B.MOHANAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :18/01/2011

 O R D E R
                            S.SIRI JAGAN, J.

                      ==================

                       W.P.(C).No. 922 of 2011

                      ==================

               Dated this the 18th day of January, 2011

                            J U D G M E N T

The petitioner challenges proceedings under the Securitisation

and Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002, for recovery of the amounts due from the

petitioner to the respondent bank in repayment of the loan amounts

advanced by the bank. The learned counsel for the bank submits that

proceedings have been initiated after issuing Section 13(2) notice and

possession has already been taken by the bank pursuant to the orders

of the Chief Judicial Magistrate’s Court under Section 14 of the Act. It

is settled law that ordinarily this Court shall not entertain challenge

against the proceedings under the Securitisation and Reconstruction

of Financial Assets and Enforcement of Security Interest Act, 2002,

and the parties should be relegated to the remedy by way of appeal

before the DRT. In the above circumstances, this writ petition is

dismissed without prejudice to the right of the petitioner to approach

the DRT, if she can do so at this point of time.

Sd/-

sdk+                                             S.SIRI JAGAN, JUDGE
         ///True copy///




                              P.A. to Judge

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