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. 6092 of 2009(F) ------------------------- PETITIONER(S): --------------- DR.DEEPAK NARENDRAN S/O.T.K.NARENDRAN, AGED 34 YEARS, KADAMBANATTU MADOM, MARADI VILLAGE MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY HOLDER DR.GEORGE KOSHY,S/O.KOSHY KUNNUMPURATH GEORGE, KUNNUMPURATH, JYOTHIS , K.P.ROAD,KAYAMKULAM, ALAPPUZHA. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): --------------- 1. UNION BANK OF INDIA REPRESENTED BY ITS AUTHORISED OFFICER, CENTRAL OFFICE 239, VIDHAN BHAVAN MARG, NARIMAN POINT, MUMBAI 400 021. 2. UNION BANK OF INDIA, MULLACKAL BRANCH ALLAPPUZHA, REPRESENTED BY ITS BRANCH MANGER. 3. SYAMKUMAR, S/O.VIJAYARAJAN, AZHIKKAKATHU VEETTIL, PURAKKADU MURI, AMBALAPUZHA TALUK, ALAPPUZHA. BY STANDING COUNSEL ASP KURUP FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.6092 of 2009-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of February, 2009. JUDGMENT The petitioner challenges proceedings initiated by the first respondent bank on account of a loan availed by the third respondent, who is the owner of an item of property which was leased by the third respondent to the petitioner. According to the petitioner, the lease was before the agreement in favour of the bank and thereafter, there is also an agreement for sale. As of now, the bank has taken a measure under Section 13(4) of the SARFAESI Act and the petitioner has been dispossessed. The petitioner has adequate remedy before the DRT under the SARFAESI Act, whatever be the quality of his claim. The writ petition is hence dismissed without prejudice to that course. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/270209