IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Crl.MC.No. 3795 of 2009() ------------------------- CMP.3732/2009 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... PETITIONER(S): --------------------- VALSALAN.P, S/O.KANAVAN, AGED 43 YEARS, PALLIATH HOUSE, KUTTIADI.P.O, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): ----------------------- 1. BABY JOSEPH, AUTHORISED OFFICER, HDFC BANK LTD., KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. ADV. SRI.K.K.CHANDRAN PILLAI, SC, HDFC FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 3795 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of January, 2010. ORDER This is a petition filed under Section 482 of the Code of Civil Procedure seeking to have Annexure A1 notice and all further proceedings pursuant thereto quashed. 2. Petitioner was the first respondent in C.M.P.3732 of 2009 on the file of the Chief Judicial Magistrate Court, Kozhikode. Petition was filed by the first respondent under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. The prayer was to take possession of the property of the petitioner herein. The Commissioner issued notice to the petitioner. Assailing this notice, this petition has been filed. 3. The remedy of the petitioner is to approach the Debt Recovery Tribunal under the SARFAESI Act for appropriate relief. Crl..C.3795/2009. 2 Reserving the liberty of the petitioner to approach the Debt Recovery Tribunal, this petition is dismissed. P. BHAVADASAN, JUDGE sb.