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LALITHABAI AMMA B versus THE ASSISTANT GENERAL MANAGER

High Court of Kerala

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LALITHABAI AMMA B v. THE ASSISTANT GENERAL MANAGER - WP(C) No. 15075 of 2007(T) [2007] RD-KL 11130 (25 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 15075 of 2007(T)

1. LALITHABAI AMMA B,
... Petitioner

Vs

1. THE ASSISTANT GENERAL MANAGER,
... Respondent

2. THE CHIEF MANAGER,

For Petitioner :SRI.S.VINODKUMAR

For Respondent : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :25/06/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO.15075 OF 2007

DATED THIS THE 25th DAY OF JUNE, 2007



JUDGMENT

The learned counsel for the petitioner is absent. The petitioner is challenging proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'Act'). It is settled law that the proceedings under the Act have to be challenged before the Debt Recovery Tribunal by way of filing an appeal 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 circumstances which would warrant interference of this Court also. In the above circumstances, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner. Accordingly, the writ petition is dismissed.

S. SIRI JAGAN, JUDGE

Acd


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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