IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 28835 of 2008(G) -------------------------- CMP.2426/2008 of C.J.M., ALAPPUZHA .................... PETITIONER: --------------- GANGA DEVI, AGED 38 YEARS, W/O.SREEKUMARAN PILLAI, SREERAGOM, PULLIKKANAKKU P.O., KAYAMKULAM, ALLEPPEY. BY ADV. SRI.MATHEW ABRAHAM RESPONDENTS: --------------- 1. STATE BANK OF TRAVANCORE, REPRESENTED BY ITS CHIEF MANAGER, KAYAMKULAM BRANCH, KAYAMKULAM, ALAPPUZHA DISTRICT. 2. THE AUTHORISED OFFICER, STATE BANK OF TRAVANCORE, KAYAMKULAM, ALAPPUZHA DISTRICT. 3. SRI.PRAMOD MURALI, ADVOCATE COMMISSIONER (IN CMP NO.2426/2008 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA. 4. A.K.RADHAMONY, FIRE FORCE STAFF, CLUB ROAD, NEAR RAMAVARMA CLUB, ERNAKULAM. 5. K.R.CHANDRAMOHAN, FIRE FORCE STAFF, QUARTERS, CLUB ROAD, NEAR RAMAVARMA CLUB, ERNAKULAM. STANDING COUNSEL, SRI.SATHISH NINAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ============================== W.P.(C). No.28835 of 2008-G =========================== Dated this the 29th day of September, 2008. J U D G M E N T The petitioner challenges proceedings initiated by the respondents 1 and 2 before the Chief Judicial Magistrate under Section 14 of the SARFAESI Act. Her husband is one Sreekumaran Pillai. Going by the statement placed by respondents 1 and 2 on record, respondents 4 and 5 who availed the loan pledging the property in question, filed four writ petitions before this Court and a Securitisation Application before the Debt Recovery Tribunal. Even that fact was not disclosed by them in W.P.(C).No.22934 of 2008 in which they obtained an order providing an opportunity to avert the sale by payment of certain amounts. By order dated 27.8.2008, I.A.11253/2008, seeking enlargement of that time limit was dismissed. It is worthwhile to recall that the husband of the petitioner Sreekumaran Pillai, who is not a party to the writ petition in hand, was also a petitioner in W.P.(C).No.22934 of 2008. I may also notice that even in Annexure A2 judgment in W.P(C). W.P.(C). No.28835 of 2008-G 2 No.25712 of 2008, I had categorically stated that the parties cannot hitch hike from court to court and Tribunal to Tribunal and that forum shopping should end. 2. The proceeding before the Chief Judicial Magistrate virtually stands affirmed by the aforesaid judgment. I do not find any ground to issue any further order, though the petitioner herein had not moved this Court earlier. The writ petition fails and the same is accordingly dismissed. THOTTATHIL B.RADHAKRISHNAN, JUDGE. bkn/-