IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WA.No. 946 of 2009 ---------------------------------- AGAINST THE JUDGEMENT IN WPC.2895/2009 DATED 28.1.2009 .................... APPELLANT/PETITIONER ------------------------------------ A.X.XAVIER, AJANTHA HOUSE, PULLUVILA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. 2. STATE BANK OF TRAVANCORE, POOVAR BRANCH,REPRESENTED BY ITS MANAGER, BHASURAM COMPLEX,POOVAR, THIRUVANANTHAPURAM. 3. STATE BANK OF TRAVANCORE, ZONAL OFFICE,THIRUVANANTHAPURAM. 4. HENTRITA MARY @ SHANTHI NIMAL, WIFE OF ANTONY, MARIYA COTTAGE, MEDAVILAKAM, KOLLEMCODE,TAMILNADU. R1 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R2 & R3 BY STANDING COUNSEL SRI.R.S.KALKURA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A. No.946 of 2009 ------------------------------------------ Dated, this the 26th day of May, 2009 JUDGMENT Kurian Joseph, J. Petitioner approached this Court aggrieved by the proceedings for recovery initiated by the second respondent Bank. The learned Single Judge dismissed the writ petition relegating the petitioner to pursue his remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, hereinafter referred to as 'SARFAESI Act'. 2. The learned counsel for the appellant submits that bereft of the details regarding the sale, the appellant is not in a position to invoke that remedy. Learned counsel appearing for the Bank submits that the Bank has no objection in furnishing the information regarding sale, purchasers, etc. 3. In that view of the matter, we dispose of the writ appeal relegating the appellant to pursue his remedy under Section 17 of the SARFAESI Act. The Bank shall furnish the information sought for by W.A.No.946 of 2009 - 2 - the appellant regarding sale proceedings, purchasers, etc. within two weeks from the date of production of a copy of this judgment. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns