IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 3551 of 2009(W) ------------------------- CMP.596/2008 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): --------------- S.RAJESH, AGED 30 YRS,S/O.SAIMON, RR BHAVAN, MUNDAVANKUNNU, NEYYARDAM.P.O, TRIVANDRUM. BY ADV. SRI.D.SAJEEV RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE,REP; BY THE AUTHORIZED OFFICER, CHIEF MANAGER, (ADVANCES), ZONAL OFFICE, TRIVANDRUM. 2. THE BRANCH MANAGER,STATE BANK OF TRAVANCORE,POOVCHAL BRANCH, TRIVANDRUM. BY ADV.SRI.R.S.KALKURA, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.3551 OF 2009 ------------------------------------------- Dated this the 3rd day of February, 2009 JUDGMENT The petitioner challenges the measure taken by the respondent bank under section 13(4) of the SARFAESI Act. The petitioner has efficacious alternate remedy before the Debts Recovery Tribunal under Section 17 of that Act. It would also be inappropriate for this Court to issue any direction regarding repayment when the petitioner stands concluded by the judgment issued by this Court on 19.6.2008 in W.P(C).17497/08. The writ petition fails. The same is accordingly dismissed without prejudice to remedies before the DRT or for any other orders in relation to W.P(C). 17497/08. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.