IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WA.No. 82 of 2009() ------------------- {IN WPC.35644/2008 OF THIS COURT} .................... APPELLANT(S): ------------------------ 1. ALSTAR METAL COMPAN PVT. LTD., MARKET JUNCTION, MANNAR 689 622, REPRESENTED BY ITS MANAGING DIRECTOR, P.A. AZEEZ KUNJU. 2. P.A. AZEEZ KUNJU, SON OF ASSANARKUJU, KOLLEZHA MADOM, MANNAR 689 622 3. HOWA BEEVI, W/O. AZEEZ KUNJU, KOLLEZHA MADOM, MANNAR 689 622 BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENT(S): ----------------------------- 1. STATE BANK OF INDIA, THIRUVALLA MAIN BRANCH, THIRUVALLA 689 101, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER. 2. THE AUTHORISED OFFICER, STATE BANK OF INDIA, THIRUVALLA MAIN BRANCH, THIRUVALLA 689 101, WA.No. 82 of 2009 :: 2 :: 3. SHAJI P.JOHN, SON OF P.S.JOHN, KIZHAKKEDATHU PUTHEN VEEDU, KADAPRA 689 630. R1 & R2 BY SRI.P.V.SURENDRANATH - STANTING COUNSEL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.A.No.No.82 of 2009 ------------------------- Dated this the 13th day of January, 2009. JUDGMENT KOSHY, Ag.C.J. The appellants are the debtors of the first respondent bank. The bank initiated action under the SARFAESI Act through the 2nd respondent. The said action was challenged before this court in the writ petition. The learned Judge closed the writ petition noticing that there is an efficacious remedy available under Section 17 of the SARFAESI Act before the Debt Recovery Tribunal. Learned counsel for the appellants submits that his apprehension is whether, after taking possession of the land an appeal may not lie. We are of the opinion that an appeal will lie against the action taken under the SARFAESI Act, as detailed in Section 17 of the Act. Therefore, we are of the opinion that we need not look into the merits of the contentions, as there are sufficient remedies available to the W.A.NO.82/09 :: 2 :: appellants/petitioners. Hence, there is no reason for interfering with the impugned judgment. However, if an appeal is filed within two weeks from today, that may be considered by the Tribunal, according to law and the same shall not be dismissed on the question of time bar. Writ appeal is disposed of as above. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge