IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 29019 of 2008(D) -------------------------- PETITIONER(S): --------------- 1. MR.P.S. SUJETH, AGED 43 YEARS, S/O. SREEDHARAN.V.K, PUTHENPURACKAL HOUSE, BISON VALLEY, IDUKKI DISTRICT. 2. MR.M.R. REENA, AGED 41 YEARS, W/O.P.S. SUJETH, PUTHENPURACKAL HOUSE, BISON VALLEY, IDUKKI DISTRICT. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): --------------- 1. ING VYSYA BANK LTD., REPRESENTED BY BRANCH MANAGER, MANORAMA JUNCTION, PANAMPILLY NAGAR, ERNAKULAM, KOCHI-36. 2. ING VYSYA BANK LTD., REPRESENTED BY BRANCH MANAGER, PANJIKUNNEL BUILDINGS, ERATTUPETTA ROAD, PALA. 3. AUTHORISED OFFICER AND REGIONAL HEAD (SME), ING VYSYA BANK LTD., REGIONAL OFFICE, PANAMPILLIL ARCADE, PANAMPALLY NAGAR, ERENAKULAM, KOCHI-36. 4. UNION OF INDIA, REPRESENTED BY GOVERNMENT OF INDIA, MINISTRY OF FINANCE, NEW DELHI. R1 TO R3 BY ADV.SRI.R.S.KALKURA R4 BY ADV. SRI.ALEX VARGHESE, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.29019 OF 2008 ------------------------------------------- Dated this the 21st day of October, 2008 JUDGMENT The petitioners have not complied with the interim direction to pay an amount of Rs.10 lakhs. Having regard to the huge amount that are fixed for recovery as arrears, I find no ground to further detain this matter since the ground raised in this writ petition essentially revolves on the totality of the outstandings. It is also pointed out by the learned counsel for the petitioners today, that his clients challenge the statement of the respondents regarding the total outstandings as also the calculation statement. These are not matters which require to be gone into in a writ petition, particularly when the petitioners have alternate efficacious remedy under the SARFAESI Act by recourse to proceedings before the Debts Recovery Tribunal. This writ petition is hence dismissed. The interim order will also stand vacated by the force of this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.