IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WA.No. 769 of 2009 -------------------- AGAINST THE JUDGEMENT IN WPC.870/2009 Dated 29/01/2009 .................... APPELLANTS/PETITIONERS: ------------------------------ 1. M.PRABHAKARAN, S/O.SANKARAN NAIR, MAVULLY HOUSE, ANGADIPURAM, VALAMBOOR P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. 2. R.RAMANI, W/O.M.PRABHAKARAN, MAVULLY HOUSE, ANGADIPURAM, VALAMBOOR P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENTS/RESPONDENTS: ----------------------------------- 1. SOUTH INDIAN BANK, PERINTHALMANNA BRANCH P.O.PERINTHALMANNA, MALAPPURAM DISTRICT. 2. CHIEF MANAGER (AUTHORISED OFFICER), SOUTH INDIAN BANK, REGIONAL OFFICE, KOZHIKODE, WEST HILL POST, KOZHIKODE. 3. M/S.VALLUVANADU KHADI AND VILLAGE INDUSTRIES DEVELOPMENT CO-OPERATIVE SOCIETY LTD., REPRESENTED BY ITS SECRETARY, ANGADIPURAM, MALAPPURAM DISTRICT. 4. P.K.RAMAN NAMBOOTHIRI, KARIPPATH, SREENILAYAM, VALAMBOOR P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. R1 & R2 BY ADV. SRI.GEORGE VARGHESE,SC,SIB THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 769 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 3rd day of April, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the judgment of dismissal of the writ petition, arising from the recovery proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002(SARFAESI Act), on the ground that the appellant has alternate remedy under Section 17 of the Act, the present appeal is filed. In view of the clear provisions of Section 17 of the SARFAESI Act, providing alternate and efficacious remedy before the Debt Recovery Tribunal, we do not think it is a fit case to interfere with the order of the learned Single Judge. The learned Single Judge has considered the case appropriately and we do not find any merit in the appeal and hence dismissed. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb WA No. -:2:-