IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 5205 of 2009(U) ------------------------- PETITIONER(S): --------------- K.SADANANDAN, PROPRIETOR, M/S.SUN I.T.SHOPPE, SREE NILAYAM, SANGHEETHA ROAD, PERINTHALMANNA. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): --------------- 1. SOUTH INDIAN BANK, REPRESENTED BY ITS MANAGER, PERINTHALMANNA BRANCH. 2. THE AUTHORIZED OFFICER, SOUTH INDIAN BANK, REGIONAL OFFICE, KOZHIKKODE. ADV. SRI.GEORGE VARGHESE,SC,SOUTH INDIAN BANk THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 5205 OF 2009 ............................................ DATED THIS THE 17TH DAY OF FEBRUARY, 2009 JUDGMENT The petitioner is one among the debtors and co-obligants to whom Ext.P1 notice under Section 13(4) has been issued. Following that, Ext.P2 has been issued on 5.2.2009. These measures could be challenged before the Debt Recovery Tribunal under Section 17 of SARFAESI Act. All that is stated is that petitioner may be granted five instalments to pay off the entire outstandings. This is for the bank to consider and not for this court to issue in the form of any direction. However, this judgment will not stand in the way of the petitioner and co-obligants seeking relief from the Debt Recovery Tribunal in accordance with law. In view of the availability of such alternate remedy, this writ petition fails and the same is accordingly dismissed. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/19/2