IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 WP(C).No. 36746 of 2010(P) -------------------------- PETITIONER(S): --------------- SANDHYA, W/O.SUDEVAN, KOLUTHUPARAMBIL HOUSE, VARANDARAPPILLY P.O., THRISSUR DISTRICT. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENT(S): --------------- 1. THRISSUR DISTRICT CO-OP. BANK LTD., REP. BY ITS SECRETARY, HEAD OFFICE, KURUPPAMPADY ROAD, THRISSUR. 2. AUTHORIZED OFFICER, THRISSUR DISTRICT CO-OP. BANK LTD., KURUPPAMPADY ROAD, THRISSUR. 3. BRANCH MANAGER, VARANDARAPPILLY BRANCH OF DISTRICT CO-OP. BANK LTD., VARANDARAPPILLY P.O., THRISSUR DISTRICT. BY SRI.P.C.SASIDHARAN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36746 of 2010(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE LOAN SANCTION ORDER DTD.9.4.2008 EXT.P2: COPY OF THE LOAN SANCTION ORDER DTD.13.7.2008 EXT.P3: THE TREATMENT DETAILS OF THE PETITIONER'S FATHER-IN-LAW EXT.P4: COPY OF THE REGISTERED NOTICE ISUED BY THE 3RD RESPONDENT. EXT.P5: COPY OF THE REGISTERED NOTICE DTD.10.5.2010 EXT.P6: COPY OF THE POSSESSION NOTICE DTD.1.12.2010 EXT.P7: COPY OF THE REQUEST SUBMITTED BY THE PETITIONER ON 6.12.2010 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ab C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.36746 of 2010-P ---------------------------------------- Dated this the 9th day of February, 2011. J U D G M E N T Challenge in this writ petition is against the coercive steps initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Ext.P6 notice issued under Rule 8(1) of the Security Interest (Enforcement) Rules 2002 intimating steps taken under Section 13(4), is sought to be quashed. Considering the effective alternative remedy available, this Court may not be justified in entertaining this writ petition. However, an interim order was issued on 9.12.2010 against dispossession of the petitioner from the property, subject to condition of the petitioner remitting a sum of Rs.3,00,000/- on or before 31.12.2010. 2. Inspite of extension granted thereafter, the petitioner has not fully complied with the condition. Under such circumstances I am not inclined to entertain this writ petition any further. W.P(C) No.36746 of 2010-P 2 3. However, liberty of the petitioner to approach the respondent Bank seeking regularisation of the account or seeking settlement of payment through any other method, is left open. In the result, the writ petition is dismissed reserving liberty to the petitioner as observed above. C.K.ABDUL REHIM JUDGE ab W.P(C) No.36746 of 2010-P 3