IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 6139 of 2009(J) ------------------------- PETITIONER: --------------- PARAMESWARAN NAIR,S/O.PADMANABHA PILLAI TC.29/182, PATHIRIKARIMURI VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENT(S): --------------- 1. THE AUTHORISED OFFICER CHIEF MANAGER (ADVANCES) STATE BANK OF TRAVANCORE REGION I, ZONAL OFFICE, SANTHINAGAR, THIRUVANANTHAPURAM. 2. STATE BANK OF TRAVANCORE REPRESENTED BY ITS BRANCH MANAGER CHONTHITTAI BRANCH, THIRUVANANTHAPURAM. 3. R.GIREESH, S/O.RAMAKRISHNAN POTTI PROPRIETOR, MEDIHAUZE INTERNATIONAL TC 38/304, CHONTHITTA STREET,CHALAI, THIRUVANANTHAPURAM. 4. T.A.PADMANABHAN, TC NO.41/1507 (2) 28/A CHITHRA NAGAR, NEAR ATTUKAL TEMPLE MANACAUD, THIRUVANANTHAPURAM. 5. K.LEKSHMINARAYANA RAO S/O. LATO KRISHNA RAO, NO.5, 4TH LANE, MUNGAPAKKAM HIGH ROAD, CHENNAI 600 034. BY STANDING COUNSEL SAJI VARGHESE FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sks/- THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.6139 of 2009-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of February, 2009. JUDGMENT The petitioner challenges proceedings under the SARFAESI Act. It appears that the fifth respondent, a co-obligant, had sought for certain orders from the High Court of Madras, however that, even that Court had categorically stated in Ext.P8 that the SARFAESI Act proceedings are not being stalled. If the petitioner has any contentions in defeasance of the proceedings initiated under the SARFAESI Act against the property of the petitioner, he has alternate efficacious remedy before the DRT under that Act, when a measure is taken in terms of Section 13 (4). Without prejudice to that course and leaving open all contentions, this writ petition is dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/270209