IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 37559 of 2009(L) -------------------------- PETITIONER(S): --------------- BABU.P, AGED 62 YEARS, S/O.PADMANABHAN, MURUGALAYAM, PUNNAPRA.P.O, ALAPPUZHA DISTRICT. BY ADV. SRI.K.M.HASHIR RESPONDENT(S): --------------- 1. THE AUTHORIZED OFFICER, UNION BANK OF INDIA, ALAPPUZHA BRANCH, P.O.ALAPPUZHA. 2. UNION BANK OF INDIA, ALAPPUZHA BRANCH, ALAPPUZHA, REPRESENTED BY ITS MANAGER, P.O.ALAPPUZHA. 3. M/S.INDRAPRASTHA CONSTRUCTIONS, PUNNAPRA, ALAPPUZHA, REPRESENTED BY ITS PROPRIETOR, P.SHYAM. ADV. SRI.A.S.P.KURUP, SC, UBI FOR R1 & R2 GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 37559 of 2009 -------------------------------------- Dated, this the 11th day of February, 2010 J U D G M E N T The petitioner has approached this Court seeking to intercept the coercive steps being pursued by the respondent Bank, invoking the provisions under the SARFAESI Act. 2. The respondent Bank has filed a statement pointing out the actual facts and figures and also asserting in paragraph 2 of the said statement that the matter is already pending consideration before the DRT in SA No. 238/2009 filed by the petitioner on 24.11.2009 and that the Writ Petition filed by the petitioner, as a measure of parallel course, is not correct or sustainable. In the above facts and circumstances, this Court does not find it necessary to exercise the discretionary jurisdiction under Article 226 of the Constitution of India. Interference is declined and the Writ Petition is dismissed; without prejudice to the proceedings pending before the DRT as aforesaid. P. R. RAMACHANDRA MENON JUDGE dnc