IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 W.P(C).No. 11324 of 2008(W) ----------------------------------- PETITIONERS: ---------------- 1. SMT.RAJALAKSHMIAMMA, W/O.LATE SASIKUAMR, AGED 58 YEARS, ABHILASH VIHAR, PANAYAMEECHERI MURI,ANCHAL P.O., ANCHAL. 2. S/ABHILASH KUMAR, S/O.LATE SASIKUMAR, AGED 29 YEARS, ABHILASH VIHAR, PANAYAMEECHERI MURI,ANCHAL P.O., ANCHAL. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENTS: ----------------- 1. THE FEDERAL BANK LTD., REGD.OFFICE ALUVA, REP. BY THE CHAIRMAN. 2. THE CHIEG MANAGER AND AUTHORISED OFFICER, FEDERAL BANK LTD, REGIONAL OFFICE, P.B.NO.303,3RD FLOOR, FEDERAL TOWERS, M.G.ROAD, STATUE,THIRUVANANTHAPURAM. 3. A.UDAYABHANU, SOLE PROPRIETOR, VALLIYATHU RUBBER TRADERS, VALLIYATHU HOUSE, PANAYAMCHERI MURI, ANCHAL P.O., ANCHAL. BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 11324 OF 2008 W = = = = = = = = = = = = = = = Dated this the 9th April, 2008. J U D G M E N T Petitioners are guarantors to a loan availed of by the 3rd respondent. On the allegation of default committed, proceedings have been initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Ext. P7 is the notice issued under Section 13(2) of the Act. On their behalf Ext. P8 reply has been given. Thereafter, they have received Ext. P9 dated 4.3.2008 which obviously does not make reference to Ext. P7 or Ext.P8. It is at that stage, this writ petition has been filed challenging the proceedings. 2. However, the factual disputes raised including the competence of the bank to initiate proceedings when the matter is pending before a civil court and on the correctness of the amount claimed in the notice are not matters, which can be gone into in proceedings under Article 226 of the Constitution of India. In my W.P.(C) No. 11324 OF 2008 - 2 - view the right course that is available to the petitioners is to pursue the statutory remedy of appeal that is provided. Without prejudice to that right and leaving open the contentions the writ petition is dismissed. ANTONY DOMINIC JUDGE jan/-