IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WA.No. 343 of 2009 --------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.1815/2009 DATED 19/01/2009 .................... APPELLANT/ PETITIONER: -------------------------------------- R.SASIDHARAN NAIR, S/O.LATE RAMAKRISHNAN NAIR, "SARAVANA", PALLICKAL, NADUVILEMURI P.O., BHARANIKKAVU, ALAPPUZHA - 690 503. BY ADVS. MR.G.HARIHARAN, MR.PRAVEEN.H. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. KERALA STATE CO-OPRATIVE BANK LTD., REGIONAL OFFICE, DORAISWAMY IYER ROAD, KOCHI, PIN - 682 035. 2. K.NAZAR, PROPRIETOR, "FREQUENCY", KALYANI BUILDING, OPPOSITE SUDHINDRA HOSPITAL, CHITTUR ROAD, ENAKULAM. R1 BY ADV. MR.NAGARAJ NARAYANAN, S.C. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY, Ag.C.J. & P.BHAVADASAN, J. -------------------------------------- W.A.No.343 of 2009 ------------------------------------- Dated 13th February, 2009 JUDGMENT Koshy, Ag.C.J . Second respondent availed a loan from the first respondent for his proprietary concern. Petitioner and his wife provided collateral security to support the loan availed by the second respondent. Now the property provided as collateral security is brought to sale under the SARFAESI Act since no amount was repaid into the loan account by the second respondent. It is contended that even part of the property is suffice to wipe off the debt. Learned single Judge directed that if the petitioner is aggrieved by the order under SURFAESI Act, it is his duty to move the Debt Recovery Tribunal under Section 17 of the SURFAESI Act. Because of the efficacious alternate remedy, the learned single Judge refused to interfere in the matter. We are in full agreement with the learned single Judge. Learned counsel for the petitioner submitted that many schemes are available in the Co-operative Department. Therefore, petitioner is also free to approach the society and also to seek W.A.343/2009 2 remedies available under the Co-operative Societies Act. Without prejudice to the rights of the petitioner elsewhere, this appeal is disposed of. J.B.KOSHY ACTING CHIEF JUSTICE P.BHAVADASAN JUDGE tks