IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 7910 of 2009(G) ------------------------------------- PETITIONERS: --------------------- 1. U.JAYAGOPAL NAIR, S/O.UNNIKRISHNAN NAIR, AGED 67 YEARS, SOLE PROPRIETOR, M/S.BHAGAVATHI ENGINEERING WORKS, RAJAS HIGH SCHOOL ROAD,KOLLAMKODE, PALAKKAD DIST.,NOW RESIDING AT 69/1, 2ND MAIN, 2ND CROSS, PATEL MUNIYAPPA LAYOUT, V.NAGENAHALLY,R.T.NAGAR,BANGALORE, REP.BY POWER ATTORNEY HOLDER J.SUNIL KUMAR, S/O. JAYAGOPAL NAIR, AGED 32 YEARS 69/1, 2ND MAIN, 2ND CROSS, PATEL MUNIYAPPA LAYOUT, V. NAGENAHALLY, R.T. NAGAR, BANGALORE-32. 2. JANAKI JAYAGOPAL, W/O.JAYAGOPAL NAIR, AGED 60 YEARS, RESIDING AT 69/1,2ND MAIN, 2ND CROSS, PATEL MUNIYAPPA LAYOUT,V.NAGENAHALLY,R.T.NAGAR, BANGLORE-32, REP.BY POWER OF ATTORNEY HOLDER J. SUNIL KUMAR, S/O. JAYAGOPAL NAIR, AGED 32 YEARS 69/1, 2ND MAIN, 2ND CROSS, PATEL MUNIYAPPA LAYOUT, V. NAGENAHALLY, R.T. NAGAR, BANGALORE-32. BY ADV. MR.T.S.RAJAN. RESPONDENTS: ------------------------ 1. STATE BANK OF TRAVANCORE, HEAD OFFICE, POOJAPPURA, THIRUVANANTHAPURAM, PIN 695 012, REPRESENTED BY ITS MANAGING DIRECTOR. 2. AUTHORISED OFFICER, STATE BANK OF TRAVANCORE, REGIONAL OFFICE, 24 HOTEL GREEN PARK BUILDING, MANJAKULAM ROAD, PALAKKAD-14. 3. MANAGER, STATE BANK OF TRAVANCORE, KOLLAMKODE BRANCH, KOLLAMKODE P.O., PALAKKAD DISTRICT, PIN-678 506. R1 TO R3 BY ADV. MR. K.S. DILIP, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 7910 OF 2009 ............................................ DATED THIS THE 12TH DAY OF MARCH, 2009 JUDGMENT The petitioners availed a loan from the first respondent. In 1999, the bank filed an O.A under the RDB Act. Those proceedings were carried to the stage of proclamation for sale following recovery certificate. That sale did not take place for want of bidders. Thereafter the bank took recourse to the SARFAESI Act proceedings. On 11.11.2008, Ext.P37 notice is published in the newspapers listing sale to tomorrow. It is pointed out by the bank that some time in 2004, the bank offered a One Time Settlement Scheme. Petitioners did not avail that. Later, the son of the petitioners, who is their power of attorney holder in this writ petition allegedly trespassed into the premises and removed the machineries. It is stated that there is a criminal case pending on that ground. The present accruals have grown to be something between Rupees Forty Five to Fifty lakhs. I do not find that it is justifiable for this court to interfere at this point of time, more so when the petitioners have adequate alternate W0(C) 7910/2009 2 remedies under the SARFAESI Act. Writ petition fails. The same is accordingly dismissed without prejudice to what is stated above. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/13/3