IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 27021 of 2009(W) ----------------------------------------- CMP.320/2008 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): ------------------------- PADMAKUMAR, AGED 45,S/O.GANGADHARAN NADAR,PROPRIETOR, PRABHENDRA TRADING COMPANY,PLAVILA KIZHAKKARUKU PUTHEN VEEDU,KARICHAL,KAZHUVOOR P.O. BY ADVS.MR.R.T.PRADEEP MR.V.VIJULAL RESPONDENT(S): ------------------------- 1. THE AUTHORISED OFFICER/CHIEF MANAGER, (ADVANCES) STATE BANK OF TRAVANCORE, REGION II,ZONAL OFFICE,THIRUVANANTHAPURAM. 2. S.PUSHPALATHA,W/O.THANKARAJ, JESUS BHAVAN,NEDIYAKALA,PULLUVILA P.O. 3. C.PRABHAKARAN,S/O.CHELLAPPAN, ARCHANA COTTAGE,CHEENIVILA, KANJIRAMKULAM. BY ADV. MR.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.27021 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of November, 2009 J U D G M E N T 1. The challenge in this writ petition is against proceedings initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The petitioner is challenging the steps initiated for taking over possession of the property on the ground that the amount mentioned in the notice under Section 13 (2) of the Act has already been paid and what remains is the interest due with respect to the period after the loan account was declared as 'NPA'. According to the petitioner such amount cannot be recovered through proceedings initiated under the SARFAESI Act. 2. In view of the effective alternate remedy provided under Section 17 (1) of the statute, I am of the opinion that W.P.(C)No.27021 of 2009 -2- such contentions could not be adjudicated upon in a proceedings under Article 226 of the Constitution of India. 3. Therefore the writ petition is dismissed without prejudice to the right of the petitioner if any available, to invoke appellate remedy as provided under the statute. C.K. ABDUL REHIM JUDGE shg/