IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 4715 of 2009(J) -------------------------------------- PETITIONER(S): --------------------------- A. ABDUL RAHIM, AGED 42, S/O. ALIYARUKUNJU, RESIDING AT VILAYIL PUTHEN VEEDU, PUTHENCHANTHA.P.O, CHAVARA, KOLLAM. BY ADV. MR.V.JAYAPRADEEP RESPONDENT(S): ---------------------------- THE STATE BANK OF TRAVANCORE, REGION II, ZONAL OFFICE, THIRUVANANTHAPURAM, REPRESENTED BY ITS AUTHORISED OFFICER THE CHIEF MANAGER (ADVANCES) BY ADV. MR.K.S.DILIP, SC, SBT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.4715 of 2009-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of February, 2009. JUDGMENT The petitioner availed a loan for a business purpose and is facing action under the SARFAESI Act on account of failure to repay. Though the petitioner holds out Ext.P1 saying that he had been sick some time in 2004, even the loan was availed only in 2004 February. With the passage of time, the amount accrued is more than Rs.33 lakhs. It may not be feasible for this Court to issue any direction to regularize the transaction on repayment of amounts. The action taken by the bank is essentially a measure falling within Section 13(4) and therefore, the petitioner will have adequate remedy by recourse to Section 17 of the SARFAESI Act. The writ petition is dismissed without prejudice to such course. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/250209