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 WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WA.No. 201 of 2009 --------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.20332/2008 DATED 14/10/2008. .................... APPELLANTS/ WRIT PETITIONERS: --------------------------------------------------- 1. S.M.LALITHAMBIKA, W/O. LATE RADHAKRISHNAN, SANKAR VILLA, CMC 10, CHERTHALA 2. R.JAYASANKAR, S/O. LATE RADHAKRISHNAN, `CHAITHANYA', NEAR G.G.H.S.S., CHERTHALA P.O. 3. JAYALAKSHMI, D/O. LALITHAMBIKA, SREEBHADRAM, MAYITHARA P.O., CHERTHALA. BY ADV. MR.T.K.VIPINDAS. RESPONDENTS: ------------------------ 1. THE FEDERAL BANK LTD., REPRESENTED BY ITS CHIEF MANAGER, CHERTHALA BRANCH, ALAPPUZHA. 2. AUTHORISED OFFICER & CHIEF MANAGER, FEDERAL BANK LTD., REGIONAL OFFICE, ALAPPUZHA. 3. CHARLES, S/O. P.T. CHERIAN, PALATHARA FASHION JEWELLERS, A.S. ROAD, CHERTHALA. 4. P.K. VIJAYAKUMAR, ADVOCATE, C/O. ADV. P. ROY, ADVOCATE COMMISSIONER, ALAPPUZHA. R1 & R2 BY ADV. MR. MOHAN JACOB GEORGE, R3 BY ADV. MR. A. KRISHNAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.201 of 2009 ------------------------------------- Dated 4th February, 2009 JUDGMENT Koshy, Ag.C.J . The writ petition was filed for setting aside the sale conducted as per the provisions of SURFAESI Act. Learned Judge rejected the above relief. We are of the view that appropriate remedy for the petitioners is to approach the Tribunal constituted under the SURFAESI Act and if such appeal is filed within two weeks from today, that should be considered by the Tribunal on merits untrammelled by the observations made in the impugned judgment. The appeal is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks