IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 32898 of 2009(F) -------------------------- PETITIONER(S): --------------- 1. V.RADHAKRISHNAN, PROPRIETOR, KALLUMPURAM JEWELLERS, YESODHA MANDIRAM, PUTHOOR P.O., KOLLAM. 2. SMT.P.V.YESODHA, YESODHA MANDIRAM, PUTHOOR P.O., KOLLAM. 3. S.SASIKUMAR, KESAVAMANDIRAM, CHITTAKODE, MARANAD P.O. BY ADVS. SRI.N.D.PREMACHANDRAN SRI.D.AJITHKUMAR RESPONDENT(S): --------------- 1. THE CATHOLIC SYRIAN BANK LTD., PUTHUR BRANCH, REPRESENTED BY BRANCH MANAGER, PUTHUR, KOTTARAKKARA. 2. AUTHORISED OFFICER, DEPUTY ZONAL MANAGER, (OPERATIONS), THE CATHOLIC SYRIAN BANK LTD., ZONAL OFFICE, THIRUVANANTHAPURAM. BY ADV. SRI. R.S. KALKURA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 32898 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2009 J U D G M E N T 1. Challenge in this writ petition is against order issued by the Chief Judicial Magistrate under Section 14 (1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) at the instance of the respondent Bank. Since there is an effective alternate remedy provided under Section 17 (1) of the Act, the petitioners expressed their willingness to invoke jurisdiction of the appellate authority, for which they sought permission to withdraw the writ petition without prejudice to such rights. The petitioners further seek indulgence of this court to direct the respondents to keep in abeyance further coercive steps for a reasonable period or in order to facilitate them to approach the appellate authority. W.P.(C)No. 32898 of 2009 -2- 2. Under the above circumstances the writ petition is dismissed as withdrawn without prejudice to the rights of the petitioners to invoke appellate remedy, if available. However the respondents are directed to keep in abeyance further coercive steps for a period of two weeks from today in order to facilitate the petitioners to move before the appellate authority. C.K. ABDUL REHIM JUDGE shg/