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KPL INFOWORLD, 3RD FLOOR versus THE ASSISTANT GENERAL MANAGER/

High Court of Kerala

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KPL INFOWORLD, 3RD FLOOR v. THE ASSISTANT GENERAL MANAGER/ - WP(C) No. 2327 of 2007(B) [2007] RD-KL 10084 (12 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 2327 of 2007(B)

1. KPL INFOWORLD, 3RD FLOOR,
... Petitioner

Vs

1. THE ASSISTANT GENERAL MANAGER/
... Respondent

2. THE BRANCH MANAGER,

For Petitioner :SRI.B.S.SIVAJI

For Respondent :SRI.T.K.AJITH KUMAR

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :12/06/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO. 2327 OF 2007

DATED THIS THE 12th DAY OF JUNE, 2007



JUDGMENT

The petitioner challenges proceedings initiated by the respondents under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. This Court had passed an interim order on condition that the petitioner pays an amount of Rs.7,00,000/- (Rupees Seven lakhs only) within three weeks. It is reported by the learned counsel for the respondents that the petitioner has not complied with the said direction. The learned counsel for the petitioner does not dispute the said contention of the learned counsel for the respondents.

2. It is settled law that the appropriate remedy available to the petitioner to challenge the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act is by way of filing an appeal before the Debt Recovery Tribunal as provided under the Act itself. The Supreme Court of India has held that this Court shall not ordinarily in exercise of powers under Article 226 of the Constitution of India interfere with the proceedings under the Act. The petitioner has not been able to show any special W.P.(c)No.2327/07 2 circumstances which would warrant interference of this Court also. In the above circumstances, I am not inclined to entertain this writ petition and accordingly, without prejudice to the right of the petitioner to file an appeal as provided under the Act, this writ petition is dismissed.

S. SIRI JAGAN, JUDGE

Acd W.P.(c)No.2327/07 3


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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