IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 6156 of 2009(L) ------------------------- PETITIONER(S): --------------- 1. C.K.PRAKASAN, S/O.GOPALAN AGED 41 YEARS, PUNATHIL MEETHAL, VELLIPARAMBA, KOZHIKODE. 2. V.K.DHARMARAJAN VAPPANKARA HOUSE,PO KUTTIKATTOOR KOZHIKODE 673 008. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): --------------- 1. AUTHORISED OFFICER & ASST.GENERAL MANAGER, UNITED BANK OF INDIA SOUTHERN REGION, 217 RAMAKRISHNA MATH ROAD MYLAPORE, CHENNAI 600 004. 2. UNITED BANK OF INDIA, REPRESENTED BY ITS SENIOR MANAGER, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 6156 OF 2009 ............................................ DATED THIS THE 26TH DAY OF FEBRUARY, 2009 JUDGMENT The petitioners are debtors of first respondent. They were issued with notice under Section 13(2) of SARFAESI Act. They got Ext.P4 judgment from this court, giving them an opportunity to find a buyer and make a proposal for settlement. That did not work out. The impugned Ext.P5 has been issued on 13.1.2009, publishing for sale as a measure under Section 13(4). Even if the request of the petitioner is confined only to one for instalments, I do not deem it appropriate to entertain this matter on the face of Section 17 of SARFAESI Act, which provides adequate remedy before the Debt Recovery Tribunal, which Tribunal also will have opportunity to consider whether the petitioner is entitled to the relief sought for by him. Writ petition fails. The same is accordingly dismissed, without prejudice to what is stated above. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/27/2