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K.V. ABDULLA HAJI, S/O.T.MAMMED versus STATE BANK OF TRAVANCORE

High Court of Kerala

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K.V. ABDULLA HAJI, S/O.T.MAMMED v. STATE BANK OF TRAVANCORE - WP(C) No. 32734 of 2006(V) [2007] RD-KL 7813 (13 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32734 of 2006(V)

1. K.V. ABDULLA HAJI, S/O.T.MAMMED,
... Petitioner

Vs

1. STATE BANK OF TRAVANCORE,
... Respondent

2. THE AUTHORISED OFFICER,

For Petitioner :SRI.VARGHESE C.KURIAKOSE

For Respondent :SRI.SATHISH NINAN

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :13/04/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO. 32734 OF 2006

DATED THIS THE 13th DAY OF APRIL, 2007



JUDGMENT

The petitioner is challenging proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Purely as a matter of indulgence, this court has granted the petitioner an order of stay on payment of part of the amount. The petitioner did not comply with the same. In the above circumstances, I am not inclined to entertain this writ petition for the following reason. It is settled law that proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act has to be challenged in appeal before the Debt Recovery Tribunal as provided under the Act itself and petition under Article 226 challenging the same cannot be ordinarily entertained. In view of the said legal position, I am not inclined to entertain this writ petition and accordingly the same 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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