IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11791 of 2009(T) -------------------------- PETITIONER(S): --------------- 1. MRS. ANIMOL JOHN ASSAMPANAMPARAYIL NEAR CSI CATHEDRAL MELUKAVU P.O. KOTTAYAM. 2. JOSEPH PHILIP, ASSAMPANAMPARAYIL NEAR CSI CATHEDRAL MELUKAVU P.O. KOTTAYAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): --------------- 1. AUTHORISED OFFICER, HOUSING DEVELOPMENT FINANCE CORPORATION LTD) HDFC, HDFC HOUSE, P O BOX 1667 RAVIPURAM JUNCTION, M G ROAD, KOCHI. 2. H D F C, KOTTAYAM BRANCH, KOTTAYAM. 3. UNION OF INDIA, REP, BY THE SECRETARY TO FINANCE DEPARTMENT, NEW DELHI. BY SC FOR HDFC ADV K K CHANDRAN PILLAI BY ASG P PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 11791 OF 2009 ............................................ DATED THIS THE 7TH DAY OF APRIL, 2009 JUDGMENT The petitioners availed a housing loan from the second respondent, HDFC. 33 cheques issued by them in discharge of the EMIs bounced. There is a prosecution pending for offence alleged under Section 138 of Negotiable Instruments Act. Though certain amounts are stated to have been paid after Section 13(2) notice of the SARFAESI Act, I do not find that this is a fit case for this court to interfere, particularly when petitioners have been physically dispossessed of the security property. Hence this writ petition is dismissed, without prejudice to the right of the petitioners to challenge in competent statutory proceedings. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/7/4