IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 WA.No. 996 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.37559/2009 Dated 11/02/2010 .................... APPELLANT(S): PETITIONER ------------------------ BABU.P., AGED 62 YEARS, S/O. PADMANABHAN, MURUGALAYAM, PUNNAPRA, ALAPPUZHA DISTRICT. BY ADV. SRI.K.M.HASHIR RESPONDENT(S): --------------- 1. THE AUTHORIZED OFFICER, UNION BANK OF INDIA, ALAPPUZHA BRANCH, P.O.ALAPPUZHA. 2. UNION BANK OF INDIA, ALAPPUZHA BRANCH ALAPPUZHA REPRESENTED BY ITS MANAGER, P.O.ALAPPUZHA. 3. M/S. INDRAPRASTHA CONSTRUCTIONS, PUNNAPRA, ALAPPUZHA, REPRESENTED BY ITS PROPRIETOR, P.SHYAM. R1 AND R2 BY SC. SRI. A.S.P. KURUP THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W. A. No. 996 of 2010 -------------------------------------------- Dated this the 18th day of June, 2010 JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and standing counsel for the second respondent-Bank. Appellant's case is that his liability is limited to Rs. 20 lakhs in terms of guarantee agreement, copy of which is produced in the WPC as Ext.P1. Standing counsel appearing for the Bank submitted that this is a matter to be verified whether there are other documents covering appellant's liability. He has further pointed out that even Rs. 20 lakhs payable by the appellant is accrued with interest from the date of default committed by the defaulter for whom appellant stood as surety. We do not think we should entertain this Writ Appeal against the judgment of the learned single Judge who rightly held that remedy available to the appellant is before the DRT by filing appeal under the SARFAESI Act. Accordingly W.A. is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk 2