IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 5779 of 2009(N) ------------------------- PETITIONER(S): --------------- 1. M/S.KASIVISWANATHAN AND BROTHERS, MAIN BAZAAR, PATTAMBI P.O., OTTAPPALAM TALUK, PALAKKAD DISTRICT. 2. SMT.K.GIRIJA KASIVISWANATHAN, W/O.R.KASIVISWANATHAN, RESIDING AT 4/265, VEERAMANI BUILDINGS, BAZAAR, PATTAMBI P.O., OTTAPPALAM TALUK, PALAKKAD DISTRICT. 3. SMT.K.KALYANI, W/O.R.VEERAMANI,-DO-. 4. R.VEERAMANI, S/O.LATE A.S.K.RAMA IYER -DO-. 5. R.KRISHNAN, S/O.LATE A.S.K.RAMA IYER -DO-. 6. R.KASIVISMANATHAN, S/O.LATE A.S.K.RAMA IYER, -DO-. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN SRI.P.T.GIRIJAN SMT.USHA NARAYANAN RESPONDENT(S): --------------- 1. THE PUNJAB NATIONAL BANK, STATE OF KERALA KOZHIKKODE CIRCLE, SHATHABDI BHAVAN, MINI BYEPASS, GOVINDAPURAM P.O., KOZHIKKODE. 2. THE AUTHORISED OFFICER, PUNJAB NATIONAL BANK, REGIONAL OFFICE, OFF STATUE, THIRUVANANTHAPURAM. WPC.5779/09 2 3. THE COMMITTEE OF DEPOSITORS IN VEERAMANI TEXTILES, REPRESENTED BY ITS CONVENOR- VIJAYAKUMAR A.T., S/O.NARAYANAN, KUNNATH HOUSE, PARUTHIPRA DESOM, MUNDUMUKA AMSOM, OTTAPPALAM TALUK, P.O.PARUTHIPRA, SHORNUR, PALAKKAD DISTRICT. R1, R2 BY ADV. SRI.P.K.SURESH KUMAR R3 BY ADV.SRI.MANSOOR.B.H. SMT.C.SEENA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.5779 OF 2009 ------------------------------------------- Dated this the 30th day of March, 2009 JUDGMENT The petitioners represent a partnership firm. They have different debts, including that which is due to the first respondent, a bank. For recovery of the arrears due to that bank, it invoked the provisions of the SARFAESI Act. The petitioners state that they have put their entire assets in the custody of a committee of depositors, viz., the third respondent, which has agreed to wipe off the debts and buy peace with all the debtors. I do not think that it is for the writ court to interfere with the matter and detain the SARFAESI Act proceedings initiated by respondents 1 and 2. Leaving open all contentions and the right to move the appropriate statutory authorities, this writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.30/3.