IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 23RD DECEMBER 2008 / 2ND POUSHA 1930 W.P(C).No. 38008 of 2008(Y) ------------------------------------ PETITIONERS : ----------------------- 1. T.M.CHANDRAN S/O.MOKOTNA, AGED 53, THANDICKKAL HOUSE, THOTTUKATTU KARA, ALUVA. 2. B.KAILAS, S/O.BALAKRISHNA PILLAI, AGED 55, VADAKKEDATHU HOUSE, KUNNUMPURAM, ALUVA. 3. YOHANNAN, S/O. KURIAN, WADAKKAN HOUSE, KARINGAZHA, KOTHAMANGALAM. BY ADV. SRI.M.TRIPTEN RESPONDENTS : ------------------------ 1. THE REGIONAL MANAGER, FEDERAL BANK LTD., HEAD OFFICE, ALUVA. 2. AUTHORISED OFFICER, FEDERAL BANK LTD, MARINE DRIVE, ERNAKULAM. 3. THE MANAGER, FEDERAL BANK LTD., ERNAKULAM NORTH BRANCH, ERNAKULAM. 4. M/S. EMTEX INTERNATIONAL LTD., KARINGAZHA, KOTHAMANGALA, REP. BY ITS HONORARY MANAGING DIRECTOR, DR.VARGHESE MUDACKAL. 5. DR.VARGHESE MUDACKAL KARINGAZHA, KOTHAMANGALAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT THE WRIT PETITION IS DISMISSED FOR DEFAULT. 23/12/2008 SD/- THOTTATHIL B. RADHAKRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE scm THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.38008 of 2008-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of January, 2009. JUDGMENT The petitioners claim that they are employees of the 4th respondent, a company in relation to which certain proceedings were pending before the BIFR. They challenge the action taken as a consequence of proceedings by the creditor Federal Bank under the provisions of the SARFAESI Act. The petitioners have no preferential right to sustain the challenge to the proceedings under the SARFAESI Act which overrides even the provisions of the SIC Act. Under such circumstances, without prejudice to the petitioners' rights, if any, to agitate the matter before the statutory authorities, this writ petition is dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/120209