IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 5505 of 2009(G) ------------------------- PETITIONER(S): --------------- 1. K.T.SAKEENA, W/O.A.V.MOHAMMADALI, PROPRIETRIX, AVM TRADERS, VIRUTHIYIL HOUSE, GOOLIKADAVU, AGALI 678 581. 2. A.V.MOHAMMADALI, S/O.ABOOBACKER, VIRUTHIYIL HOUSE, GOOLIKADAVU, AGALI 678 581. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): --------------- 1. STATE BANK OF INDIA, AGALI BRANCH MANNARGHAT TALUK, REPRESENTED BY THE BRANCH MANAGER. 2. THE AUTHORISED OFFICER, STATE BANK OF INDIA (CHIEF MANAGER, REGIONAL BUSINESS OFFICE, PALAKKAD) ADV. SRI.K.K.CHANDRAN PILLAI, SC FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 5505 OF 2009 ............................................ DATED THIS THE 27TH DAY OF FEBRUARY, 2009 JUDGMENT The petitioners challenge a measure taken under the SARFAESI Act. The plea of the petitioners is that such action is without jurisdiction and also that the petitioners could not be treated as chronic defaulters. It is further contended that the petitioners wanted to settle the entire transaction by selling a portion of the security property. The impugned measure has been taken by issuance of Ext.P2 on 30.1.2009. I deem it appropriate to leave the petitioners for their remedies under the SARFAESI Act, in particular, Section 17 before the Debt Recovery Tribunal. Writ petition is hence dismissed without prejudice to such course. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/28/2