IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 8308 of 2009(G) ------------------------- PETITIONER(S): --------------- 1. T.REGHU PRASAD, RAJANI NIVAS, C.T.PALAYAM, KOLLENGODE, PALAKKAD. 2. R.SUJA, W/O.REGHUPRASAD, RAJANI NIVAS, C.T.PALAYAM, KOLLENGODE, PALAKKAD. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): --------------- CITY UNION BANK LTD., REP.BY THE AUTHORISED OFFICER, CENTRAL OFFICE, NO.149, T.S.R.(BIG) STREET, KUMBAKONAM, PALAKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.8308 OF 2009 ------------------------------------------- Dated this the 6th day of April, 2009 JUDGMENT When this matter came up for consideration for admission on 16.3.2009, this Court issued notice by speed post since it was then submitted by the learned counsel for the petitioners that the petitioners are prepared to pay the entire amounts due by 31.3.2009. This matter is listed today, following earlier orders. Though there was a direction on 16.3.2009 that further proceedings pursuant to Ext.P3 will be kept in abeyance till 3.4.2009 to enable the petitioners to clear the entire amounts as submitted by the learned counsel for them, as of now, it is submitted that only an amount of Rupees Three Lakhs was paid as against the total outstandings of Rs.13,86,101/- with interest thereon from 1.9.2008 and expenses. Not only that, though notice was ordered on 16.3.2009, the office has endorsed that notice was ready but notice forms were not taken for despatch by speed post. The matter is, therefore, kept as defective. WPC.8308/09 Page numbers The respondent is not a statutory authority. The impugned proceedings can be effectively challenged before the Debts Recovery Tribunal under Section 17 of the SARFAESI Act. Without prejudice to all other remedies of the petitioners, this writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.7/4.