IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 26224 of 2008(V) -------------------------- PETITIONER(S): --------------- 1. M.ANTONY, S/O.MICHAEL CHITHIRA, PANAVELLYKANDAM POONTHOPPU WARD ALAPPUZHA-688006. 2. PRAISE ANTONY, D/O.ANTONY CHITHIRA, PANAVELLYKANDAM, ALAPPUZHA-688006 BY ADV. SRI.M.NARENDRA KUMAR RESPONDENT(S): --------------- 1. VIJAYA BANK ALAPPUZHA BRANCH CULLEN ROAD, MULLACKAL ALAPPUZHA, REP. BY ITS CHIEF MANAGER AND AUTHORISED OFFICER. 2. REGIONAL MANAGER, REGIONAL OFFICE VIJAYA BANK R.R.SECTION, JOSE ANNEX, JOSE JUNCTION, M.G.ROAD, ERNAKULAM, KOCHI. ADV. SRI.K.ANAND (A.201) FOR R1,2 SMT.LATHA KRISHNAN FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.26224 of 2008 ================== Dated this the 21st day of August, 2009 J U D G M E N T The petitioners challenge proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“the Act” for short). I am not inclined to entertain this writ petition since the Supreme Court has repeatedly held that the remedy of the persons aggrieved by the measures taken by a financial institution under Section 13(4) of the Act lies in filing an appeal before the Debts Recovery Tribunal against such measures. Therefore, without prejudice that right, if the petitioners can do so at this point of time, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge