IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 9060 of 2010(F) ------------------------- PETITIONER: --------------- MEENA AJITHKUMAR, W/O.LATE AJITHKUMAR.K.S,AGED 50 YEARS,KOYIPPILLY HOUSE,MUNAMBAM,PALLIPORT.P.O,ERNAKULAM DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: --------------- 1. THE FEDERAL BANK LTD.,REGISTERED OFFICE ALWAYE,KERALA,REP.BY ITS CHAIRMAN. 2. AUTHORIZED OFFICER CUM CHIEF MANAGER (UNDER SARFAESI ACT),FEDERAL BANK LTD,NORTH PARAVOOR BR.,ERNAKULAM DISTRICT. R2 BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.LAVARAJ M.G. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 9060 OF 2010 ......................................................................... Dated this the 22nd July, 2010 J U D G M E N T The petitioner is challenging the steps taken by the respondent Bank under the SARFAESI Act for realisation of the amount stated as due under a loan transaction . The main grievance of the petitioner is that the proposal suggested by the petitioner for having the loan account closed availing the benefit of 'OTS' has not been accepted by the Bank, inspite of the mediation steps. Hence the matter requires to be adjudicated on merits . 2. This Court finds that there is an effective alternate remedy for the petitioner as provided under the relevant provisions of law. As such this Court does not propose to assume the role of a fact finding agency. Thus interference is declined without prejudice to the rights and liberties of the petitioner to challenge the proceedings taken by the respondent Bank, in accordance with the relevant provisions of law. P.R. RAMACHANDRA MENON, JUDGE. lk