IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 6279 of 2009(D) ------------------------------------- PETITIONER: ------------------- V.ANANDA PADMANABHAN,S/O.VENKITACHALAM, AGED 53 YEARS, RESIDING AT T.C.NO. 41/1507-2, 28 A CHITRA NAGAR, ATTUKAL, MANACAUD,TRIVANDRUM-695 009. BY MR. V.CHITAMBARESH, SENIOR ADVOCATE, ADVS. MR. JIBU P THOMAS, MR.A.R.NIMOD, MR.C.A.ANOOP, MR.P.S.APPU, MR.T.C.SURESH MENON. RESPONDENTS: ------------------------ 1. STATE BANK OF TRAVANCORE,CHENTHITTA BRANCH, CHENTHITTA,TRIVANDRUM, REPRESENTED BY ITS MANAGER. 2. MANAGER,STATE BANK OF TRAVANCORE, CHENTHITTA BRANCH,CHENTHITTA. 3. THE ASSITANT GENERAL MANAGER,STATE BANK OF TRAVANCORE, ZONAL OFFICE, TRIVANDRUM. 4. AUTHORISED OFFICER,STATE BANK OF TRAVANCORE,REGIONAL OFFICE, TRAVANCORE. 5. GIRISH, T.C.38/303,CHENTHITTA, THYCAUD.PO, TRIVANDRUM. R1 TO R4 BY MR. K.S.DILIP, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.6279 of 2009-D = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of March, 2009. JUDGMENT The petitioner is a third party to a loan transaction in which the fifth respondent is one of the co-obligants. The fifth respondent appears to be having an establishment for the purpose of which that loan was availed. On 26.11.2007, the petitioner issued a cheque for Rs.8 lakhs for payment into the account of that establishment, namely, Medihauxe International and on that day, the fifth respondent issued Ext.P4 letter in the letterhead of the said establishment calling upon the bank to issue the original documents, projecting the petitioner as a prospective buyer for the property. The fact remains that the amount was paid into the credit of the loan account and the creditor bank also says that the petitioner is none but a relative of the fifth WP(C)6279/2009 -: 2 :- respondent. This writ petition is filed in the wake of further enforcement of SARFAESI Act proceedings. The petitioner seeks a declaration that the amount deposited as per Exts.P1 and P2 totally amounting to Rs.13 lakhs is essentially an amount belonging to the petitioner, though credit is given into the loan account of Medihauxe International. He seeks to quash the decision of the bank as contained in Ext.P9 and also for a direction to release the title deeds. I do not deem it appropriate for this Court to investigate into the question in whom the title of the aforesaid Rs.13 lakhs rests, as of now, since this is essentially a mixed question of fact and law. Such an adjudication is absolutely necessary even to sit in judgment of the correctness or otherwise of the decision contained in Ext.P9, At any rate, the matter in hand is intricately connected with SARFAESI Act proceedings and therefore, any person entitled to make any claim in relation to the transaction, has an adequate remedy by way of application WP(C)6279/2009 -: 3 :- under Section 17 of the SARFAESI Act. This writ petition is hence dismissed leaving open all contentions. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/120309