SIMON VAZ v. UNION OF INDIA

S. SIRI JAGAN, J.----------------------------------W.P.(C)NO.16150 OF 2007-------------------------------------DATED THIS THE 29th DAY OF MAY, 2007JUDGMENTThe petitioners challenge Ext.P5 order of the Chief JudicialMagistrate, Alappuzha appointing an Advocate Commissioner for giving possession of the property belonging to the petitioner to the Bank in whose favour the property is mortgaged, under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcementof Security Interest Act, 2002. The petitioners' contention is that the Chief Judicial Magistrate has no jurisdiction to pass Ext.P5 the way he has done it without going into that question.2.I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner in so far as there is no challenge against the liability of the petitioner to pay the amount due to the Bank for realisation of which proceedings under the Act has been taken. Healso does not dispute the amount demanded. In such circumstances, Iam not inclined to entertain this writ petition. In any event, it is settled law that the proceedings under the Securitisation and Reconstructionof Financial Assets and Enforcement of Security Interest Act,2002 has to be challenged before the Debt Recovery Tribunal in appeal as W.P.(c)No.16150/072provided under the Act itself. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGEAcd