IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 22314 of 2010(L) -------------------------- PETITIONER(S): --------------- JAMES THARAYIL, AGED 48,S/O.DEVASSY K.P. RESIDING AT KOTTEKADU, KUTTUR P.O., KUTTUR VILLAGE THRISSUR TALUK, THRISSUR DISTRICT, (PROPRIETOR, M/S.AJAY PRODUCTS, KUTTUR P.O.). BY ADV. SRI.VARGHESE C.KURIAKOSE SMT.PRIYA R.KUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY SECRETARY, (MINISTRY OF INDUSTRIES), SECRETARIAT, TRIVANDRUM. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, THRISSUR 680003. 3. THE STATE BANK OF TRAVANCORE, SME BRANCH, THRISSUR, REP.BY ITS CHIEF MANAGER, PIN 680021. 4. THE CHIEF MANAGER, STRESSED ASSET RESOLUTION CENTRE, STATE BANK OF TRAVANCORE, GEETHANJALI BUILDINGS, PARAMEKKAVU, THRISSUR- 680002. ADV. SRI.T.SETHUMADHAVAN FOR R3 & 4 SRI.PUSHPARAJAN KODOTH FOR R3 & 4 SRI.K.JAYESH MOHANKUMAR FOR R3 & 4 GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 22314 of 2010-L ---------------------------- Dated this the 26th day of July, 2010. J U D G M E N T The learned counsel for the petitioner submits that, the petitioner has already availed the remedy under Section 17 of the SARFAESI Act by approaching the Debt Recovery Tribunal and that this Writ Petition is not intended to be pressed any further. In the above circumstances, the Writ Petition is dismissed as not pressed, however, without prejudice to the rights and liberties of the petitioner to pursue the statutory remedy, in accordance with law. P.R.RAMACHANDRA MENON JUDGE ab