IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 9695 of 2009(F) ------------------------- CMP.1540/2008 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): --------------- J.PRASANNAKUMAR, J.P.NILAYAM, VAVODE, VAZHICHAL P.O., THIRUVANANTHAPURAM. BY ADV. SRI.J.DEVADANAM RESPONDENT(S): --------------- 1. THE AUTHORISED OFFICER/CHIEF MANAGER (ADVANCES) STATE BANK OF TRAVANCORE, REGION II, SHANTHI NAGAR, THIRUVANANTHAPURAM. 2. J.MOHANDAS, PROPRIETOR, M/S.HAPPY FUELS, PALLICHAL, THIRUVANANTHAPURAM. R1 BY ADV.SRI.K.S.DILIP, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25 /0320/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.9695 OF 2009 ------------------------------------------- Dated this the 25th day of March, 2009 JUDGMENT The petitioner and the second respondent are co-obligants for a loan availed from the State Bank of Travancore in connection with the activities of a petrol pump. The second respondent, who is the brother of the petitioner, had obtained an order granting instalments. When that was not utilised, the petitioner moved this Court by filing W.P(C).28770/08. That was dismissed as withdrawn on 30.9.2008. The petitioner has not chosen to challenge the proceedings before the Debts Recovery Tribunal under the SARFAESI Act. He now faces an order for dispossession in terms of Section 14 of that Act. I do not find any jurisdictional error or legal infirmity in the impugned proceedings. There is also no ground to further drag on the distress action, particularly when no amounts were appropriately paid in terms of the judgment in W.P(C).19206/08 and no curative steps were taken even after the decision in W.P(C). 28770/08. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.25/3.