IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 25180 of 2009(N) --------------------------------------- PETITIONERS: --------------------- 1. P.S.SIDHARATHAN,S/O.SANKU, PARACKAL HOUSE,VANNAPPURAM P.O., IDUKKI DISTRICT, KERALA. 2. BEENA SIDHARTHAN, W/O.SIDHRATHAN, PARACKAL HOUSE, VANNAPPURAM P.O., IDUKKI DISTRICT, KERALA. BY ADVS. MR.H.HAMZA RAWTHER, MR.V.K.PEERMOHAMED KHAN. RESPONDENTS: ------------------------ 1. THE ASSISTANT GENERAL MANAGER, UNION BANK OF INDIA, REGIONAL OFFICE, UNION BANK BHAVAN, M.G.ROAD, STATUE, THIRUVANANTHAPURAM-695 001. 2. THE BRANCH MANAGER,UNION BANK OF INDIA, KODIKULAM BRANCH, IDUKKI DISTRICT. 3. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, FINANCE MINISTRY, NEW DELHI. R1 & R2 BY MR. A.S.P. KURUP, S.C, R3 BY MR. P. PARAMESWARAN NAIR, A.S.G. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 25180 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of November, 2009 J U D G M E N T Challenge in this writ petition is against the proceedings initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). It is stated that against the proceedings the petitioners have already approached the Debts Recovery Tribunal, Ernakulam invoking Section 17 (1) and S.A. Nos.322/2009 & 323/2009 are pending consideration and disposal before that Tribunal. Therefore the writ petition is dismissed without prejudice to rights of the petitioners to persue remedies from the Debts Recovery Tribunal, which is the statutory appellate authority. C.K. ABDUL REHIM JUDGE shg/