IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 3881 of 2009(K) ------------------------- PETITIONER(S): --------------- K.N.RAMACHANDRAN , AGED 56 YEARS S/O.NARAYANA MENON, NEW CC 8/1224, MATTACHERRY, KOCHI. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): --------------- AUTHORISED OFFICER, HONKONG AND SHANGAI, BANKING CORPORATION LIMITED HARBOUR VIEW RESIDENCY, OPPOSITE SHIPYARD M.G.ROAD, KOCHI-15. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 3881 OF 2009 ............................................ DATED THIS THE 5TH DAY OF FEBRUARY, 2009 JUDGMENT The petitioner has a transaction with the respondent. On default in repayment, petitioner was issued a notice under Section 13(2) of SARFAESI Act. He filed a suit for prohibitory injunction on the cause of action of the issuance of that notice. The learned Munsiff dismissed the suit as not maintainable. It is stated that the petitioner lost his first appeal against that decree. But he is yet to get a copy of that judgment. The petitioner was dispossessed on 27.1.2009, stated to be with the aid of an order under Section 14 of SARFAESI Act. When that measure referable to Section 13(4) of the Act is taken, the petitioner will have a remedy under Section 17 of the Act. I do not deem it appropriate or necessary for this court to entertain this matter, though the petitioner has the definite case that he was not issued any notice under Section 13(4) of the Act or under Rule 8 of the Security Interest Enforcement Rules. That issue is also that one could be raised for consideration of the Debt Recovery Tribunal. Hence without prejudice to the petitioner's rights for relief in accordance with Section 17 of SARFAESI Act, in accordance with law, this writ petition is dismissed. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk