IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 36107 of 2009(G) --------------------------------------- PETITIONER: ------------------- NICKSON JACOB, S/O.JACOB, CHAKKALAKKAL HOUSE, K.K.PARAMBU, NURANI, PALAKKAD. BY ADV. MR.VINOD KUMAR.C. RESPONDENTS: ------------------------ 1. THE MANAGER, STATE BANK OF INDIA, PALAKKAD. 2. AUTHORISED OFFICER, R A S M E C C C, SBI BUILDING, ENGLISH CHURCH ROAD, PALAKKAD. R1 BY MR. K.K. CHANDRAN PILLAI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 36107 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2009 J U D G M E N T 1. Challenge in this writ petition is against proceedings initiated by the respondents under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). In view of the fact that the statute provides an alternate remedy by way of appeal, I am not inclined to interfere with the proceedings. However learned counsel for the petitioner submitted that he had already approached the respondent Bank under Ext.P4, seeking permission for regularisation of the account by payment of the defaulted amounts. 2. Therefore, the writ petition is dismissed without prejudice to rights of the petitioner to persue remedies sought for under Ext.P4, before the appropriate authorities of the respondent Bank. Needless to say that the W.P.(C)No. 36107 of 2009 -2- respondents shall consider such request and inform the result thereof to the petitioner, at the earliest. C.K. ABDUL REHIM JUDGE shg/