IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 6110 of 2009(G) ------------------------- PETITIONER(S): --------------- 1. P.SANTHOSH , AGED 38 YEARS S/O.PRASANNAN, R B NIVAS, NEAR SIVAKRISHNAPURAM, MUDAPURAM PO, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT. 2. ANILA H, AGED 31 YEARS,W/O. SANTHOSH R B NIVAS, NEAR SIVAKRISHNAPURAM, MUDAPURAM PO CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.V.V.RAJA SRI.R.RANJITH RESPONDENT(S): --------------- 1. THE FEDERAL BANK LTD HEAD OFFICE, ALUVA, REPRESENTED BY ITS GENERAL MANAGER. 2. THE AUTHORIZED OFFICER (CHIEF MANAGER) FEDERAL BANK LTD, REGIONAL OFFICE, PB 303 III FLOOR, FEDERAL TOWERS, M.G.ROAD, STATUE. THIRUVANANTHAPURAM-1. 3. THE BRANCH MANAGER,THE FEDERAL BANK LTD CHIRAYINKEEZHU BRANCH, THIRUVANANTHAPURAM DISTRICT 4. THE THASILDAR, TALUK OFFICE, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.6110 of 2009-G = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of February, 2009. JUDGMENT Petitioners challenge proceedings under the SARFAESI Act. Ext.P4 measure has been taken by issuing possession notice on 9-2-2009. The total outstandings reflected thereby is Rs.5,20,993/- as on 26.11.2008. Though the petitioners contend that different remittances made by them earlier would have levelled the CC Account, I do not deem it appropriate for this Court to entertain such a plea in the realm of accounting, more particularly when the petitioners have alternate remedy before the DRT under the SARFAESI Act. The writ petition is hence dismissed without prejudice. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/270209