IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 W.A.No. 1848 of 2007(E) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.28160/2006 Dated 11/06/2007 .................... APPELLANT(S): PETITIONER ------------------------- K.SETHUMADHAVAN, S/O. APPUTTY, AGED 63 YEARS, KALLADA HOUSE, KASABA AMSOM & DESOM, PATTIERITHAZHAM PARAMBU, P.O.CHALAPPURAM, KOZHIKODE. BY ADV. MR.SAKIR.K.H. RESPONDENT(S): RESPONDENTS --------------------------- 1. CALICUT CO-OPERATIVE URBAN BANK LTD., NO.1538, KALLAI ROAD, KOZHIKODE-673 002, REPRESENTED BY ITS SECRETARY. 2. THE AUTHORISED OFFICER, CALICUT CO-OPERATIVE URBAN BANK LTD., NO.1538, KALLAI ROAD, KOZHIKODE-673 002. 3. THE UNION OF INDIA, MINISTRY OF FINANCE, NEW DELHI, REPRESENTED BY ITS SECRETARY. 4. K.JANAKI AMMA, D/O. SREEDHARAN NAIR, RESIDING AT CHIRAKUZHI PADANNA, CHALAPPURAM P.O., KOZHIKODE. 5. K.MOHANDAS, RESIDING AT CHIRAKUZHI PADANNA, CHALAPPURAM P.O., KOZHIKODE. ADV. MR. AJITH KRISHNAN, ADDL.CGSC FOR R3 MR. V.V. SURENDRAN FOR R4 AND 5 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & P.BHAVADASAN, J. =========================== W.A.No.1848 of 2007 - E =============================== Dated this the 10th day of February, 2009. J U D G M E N T Koshy, Ag.CJ. Appellant/petitioner is challenging the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Learned Single Judge found that the writ petitioner has an alternate remedy under Section 17 of the Act. We see no ground to interfere in the above. However, since the writ appeal was admitted and pending for long time, we cannot non-suit the appellant without any remedy available. We also note that there was no sitting of the DRT at Cochin for a long time. If the appellant files an application under Section 17 of the SARFAESI Act within a period of three weeks from today, it should be considered by the Tribunal on merit. With that modification, we dispose of this writ appeal. J.B.KOSHY, ACTING CHIEF JUSTICE. P.BHAVADASAN, JUDGE. bkn/-