IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 37080 of 2008(L) -------------------------- PETITIONER(S): --------------- V.B.SAJI KUMAR, 35 YEARS PROP M/S.VALLIKKUMNNATHU STORES VALLIKKUNNATH HOUSE, ERUVELI KANAYANNOOR PO., CHOTTANIKKARA, ERNAKULAM. BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S): --------------- 1. SOUTH INDIAN BANK, PB.NO.2702, DHARMODAY AM BUILDING, SECOND FLOOR, SHANMUGHAM RD., MARINE DRIVE, ERNAKULAM, REP. BY BRANCH MANAGER. 2. JAMES KAPPAN, AUTHORISED OFFICER, SOUTH INDIAN BANK, PB.NO.2702, DHARMODAYAM BUILDING, SECOND FLOOR SHANMUGHAM RD., ,MARINE DRIVE, ERNAKULAM. 3. STEPHEN JOSEPH, S/O.JOSEPH, 39 YEARS, EDEN MAMALATHZHATHU MAIN ROAD, THRIPUNITHURA, KOCHI. R1 BY ADV. SRI.GEORGE VARGHESE, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.37080 OF 2008 ------------------------------------------- Dated this the 16th day of December, 2008 JUDGMENT Notice to the respondents dispensed with preserving their right to move for review of this judgment, if aggrieved. The petitioner availed a loan from the first respondent and defaulted repayment. The bank obtained a decree in its favour in a civil suit. Even before this, there is a recovery order by the Debts Recovery Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Now, the property has been purchased by a third respondent following proceedings under the SARFAESI Act. I do not think it is appropriate for this Court to interfere, particularly when third party interests have been intervened. This writ petition is, hence, dismissed without prejudice to the right of the petitioner to move under Section 17 of the SARFAESI Act. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.