IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 37530 of 2009(I) -------------------------- PETITIONER(S): --------------- SIVADASA PANICKER, S/O.LATE MADHAVA PANICKER, AGED 70 YEARS, RESIDING AT "CHANDRIKA BHAVAN", KANNANKODU MURI, ADOOR P.O., PATHANAMTHITTA. BY ADV. SRI.ABRAHAM P.GEORGE SMT.K.V.LEKSHMY SMT.C.L.MANJU RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE, HEAD OFFICE, (RECOVERY SECTIONS), TRIVANDRUM REPRESENTED BY SENIOR MANAGER. 2. THE CHIEF MANAGER, (AUTHORISED OFFICER) STATE BANK OF TRAVANCORE, REGION IV, ZONAL OFFICE, KOTTAYAM. 3. STATE BANK OF TRAVANCORE, KALANJOOR BRANCH KALANJOOR P.O PATHANAMTHITTA REPRESENTED BY BRANCH MANAGER. 4. B.AMMINI, AGED 68 YEARS, W/O.SIVADASA PANICKER, CHANDRIKA BHAVAN, ADOOR P.O., PATHANAMTHITTA 5. ANILKUMAR, AGED 40 YEARS, PROPRIETOR, MANKANDATHIL HOME APPLIANCES, KALANGOOR P.O., PATHANAMTHITTA. R1 TO R3 BY ADV. SRI.R.S.KALKURA SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------- W.P(C).No.37530 OF 2009 ------------------------------------------- Dated this the 20th day of May, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner challenges proceedings under the SARFAESI Act. Section 34 of that Act clearly advises against grant of injunction and entertaining matters except through the statutory mode made available by that Act by recourse to proceedings before the Debt Recovery Tribunal and the Appellate Tribunal. Though the extraordinary jurisdiction of this Court is invoked by filing this writ petition, we are of the firm view that no extra- ordinary circumstance warranting exercise of such jurisdiction is made out as we are abundantly satisfied that alternate remedies are available within the framework of the SARFAESI Act. The writ petition is hence dismissed without entering on merits. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.21/05.