IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 2628 of 2009(K) ----------------------------------- PETITIONER(S): ---------------------- PANNIKKANDATHIL HAMSA HAJI, S/O.THAYU HAJI, ANNARA, THRIKKANIYUR AMSOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENT(S): ------------------------ 1. THE TIRUR URBAN CO-OPERATIVE BANK LTD., HEAD OFFICE, TIRUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS GENERAL MANAGER. 2. THE AUTHORISED OFFICER, THE TIRUR URBAN CO-OPERATIVE BANK LTD., HEAD OFFICE, TIRUR, MALAPPURAM DISTRICT. ADV. SRI. DEVAPRASANTH P.J. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.2628 of 2009-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of January, 2009. JUDGMENT 1.The petitioner availed a loan from the first respondent, a co-operative bank. On default, the bank initiated arbitration proceedings under the KCS Act. That was a fruitless exercise. Later, the bank has initiated the impugned proceedings under the SARFAESI Act. The petitioner states that he was not issued copy of the notice under Section 13(2) and under Section 13(4) read with Rule 8(2), though the property is now listed for sale as per the impugned proceedings. 2.The pleadings in the writ petition show that the petitioner, while on transit was intercepted and there is a case pending against him for which he was asked to appear before the CBCID. It is stated that there are different cases against WP(C)2628/2009 -: 2 :- him. 3.Whatever that be, the petitioner has an alternate remedy before the DRT to do so. Not only that, the petitioner is not in a position to pay the amounts to sustain a reasonable order of stay on conditions. I do not find any ground to grant any relief to the petitioner and hence, this writ petition is dismissed without prejudice to the statutory proceedings. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/050209