High CourtsSingle Bench(2018) 03 KL CK 0078

Shantha Panicker And Anr @APPELLANT@Hash The Authorized Officer Dewan Housing Finance Corporation Ltd And Anr

High Court Of Kerala · Decided on 1 March 2018

HON’BLE JUDGES
P.B. Suresh Kumar, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (Civil) No. 6909 Of 2018

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Judgment

1 paragraphs · 175 words
1.

Petitioners are aggrieved by the measures taken by the first respondent under sub-section (4) of Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the Act) for realisation of the amounts due from them as outstanding in the account of a loan availed by them from M/s.Dewan Housing Finance Corporation Limited. The petitioners have an alternative remedy for redressal of the grievance voiced in the writ petition before the Debts Recovery Tribunal under Section 17 of the Act. The petitioners have not made out any exceptional grounds for this Court to entertain a writ petition even when they have an alternative remedy for redressal of the grievance. In the circumstances, especially in the light of the decision of the Apex Court in State Bank of Travancore and another v. Mathew K.C.(Civil Appeal No.1281 of 2018), this Court is unable to entertain this writ petition and the same is accordingly dismissed, without prejudice to the right of the petitioners to invoke the alternative remedy available to them.