IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 7095 of 2009(F) ------------------------- PETITIONER: ----------- JANARDHANAN, S/O.PACHU, AGED 51 YEARS, RESIDING AT PUTHIYEDATH HOUSE, P.O.CHEEKILODE, NANMANDI, KOZHIKODE DISTRICT. BY ADV. SRI.P.K.RAMKUMAR SMT.ANITHA MENON RESPONDENT(S): --------------- 1. THE AUTHORISED OFFICER AND SENIOR MANAGER, KERALA STATE CO-OPERATIVE BANK, REGIONAL OFFICE, M.M.ALI ROAD, KOZHIKODE. 2. THE KERALA STATE CO-OPERATIVE BANK, REP.BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. ADV. SRI.NAGARAJ NARAYANAN, FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.7095 of 2009-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of March, 2009. JUDGMENT The petitioner challenges proceedings under the SARFAESI Act. Even if the plea is that notice under Section 13(2) has not been issued preceding the measure taken by the issuance of the impugned Ext.P3, the petitioner has adequate alternate remedy under Section 17 of the Act by moving the DRT. This is all the more so because, the petitioner has certain other contentions, including those relatable to the market value of the property and also that the entire property need not be sold. The writ petition is hence dismissed without prejudice to the right of the petitioner to move the DRT under Section 17 of the SARFAESI Act. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/090309