IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 1438 of 2009(U) ------------------------- PETITIONER(S): --------------- S.SURESH KUMAR, S/O. SREEDHARAN, AGED 48 YEARS, FROM PSD BUILDING, KEEZHATTINGAL PO THIRUVANANTHAPURAM 695 101 RPESENTLY RESIDING AT KAIRALI JUNCTION, PANAVELIKKADAVU ROAD, ATTINGAL. BY ADV. SRI.MANOJ R. NAIR RESPONDENT(S): --------------- 1. THE FEDERAL BANK LTD, REPRESENTED BY ITS REGIONAL MANAGER, 3RD FLOOR, FEDERAL TOWERS M.G.ROAD, STATUE, THIRUVANANTHAPURAM 695 001. 2. THE CHIEF MANAGER (AUTHORISED OFFICER) FEDERAL BANK LTD, 3RD FLOOR, FEDERAL TOWERS M.G.ROAD, STATUE, THIRUVANANTHAPURAM 695 001. 3. THE MANAGER, FEDERAL Bank, VAKKOM, THIRUVANANTHAPURAM. ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) S.C FOR R1,3 SRI.CHACKOCHAN K.J. FOR R1,3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).1438/09 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- TRUE COPY OF THE NOTICE ISSUED DT.13.8.2008 EXT.P2:- TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE R3 DT.19.6.08 EXT.P3:- TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE R2 DT.25.8.2008 RESPONDENT'S EXHIBITS:- NIL OKB //TRUE COPY// P.A. TO JUDGE C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.1438 OF 2009 ------------------------------ Dated this the 15th day of December, 2009 J U D G M E N T ---------------------- 1. Challenge in this writ petition is against proceedings initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Learned standing counsel for respondents submitted that the property which is sought to be proceeded against has already been sold on 28.11.2008 by the civil court, in an execution proceedings which was initiated at the instance of the respondent Bank. It is further submitted that the petitioner herein has now approached the executing court with a petition to set aside the sale. 2. Under the above circumstances the issue pertaining to the proceedings under the SARFAESI Act no more survives for consideration. Hence the writ petition is closed without prejudice to rights of the petitioner to seek appropriate remedy from the civil court. C.K.ABDUL REHIM, JUDGE. okb