IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 29715 of 2008(K) --------------------------------------- PETITIONER: ------------------- P.VIJAYAMOHAN, PTRA, 35, GREEN LANE, PLAMOODU, PATTOM PO., THIRUVANANTHAPURAM-4. BY ADV. SRI.M.R.SASITH, ADV. SRI.M.R.SARIN. RESPONDENTS: ----------------------- 1. UNION BANK OF INDIA, MAIN BRANCH, THIRUVANANTHAPURAM, REP. BY SENIOR MANAGER. 2. AUTHORISED OFFICER, UNDER SARFAEST ACT, UNION BANK OF INDIA, MAIN BRANCH, TRIVANDRUM. BY ADV. SRI. A.S.P. KURUP, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.29715 of 2008-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of October, 2008. JUDGMENT Petitioner challenges SARFAESI Act proceedings initiated by the first respondent. Apart from the statement by the learned counsel appearing for the first respondent that bonafides of the petitioner and his wife cannot be acceded to, owing to their conduct even with the first respondent, the fact remains that the property has already been sold under the SARFAESI Act and bid and sale confirmed in favour of a third party by name Gireeshkumar, Mohanam, Kesavan Nair Road, Thiruvananthapuram - 12. Since third party interest have intervened, I do not find it appropriate for the writ court to exercise authority when the petitioner has alternate efficacious remedy under the SARFAESI Act before WP(C)29715/08 -: 2 :- statutory authorities. The writ petition is hence dismissed without prejudice. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/171008