IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 38328 of 2008(K) -------------------------- SA.240/2008 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): ------------------------- K.J.THOMAS @ TOMMY, S/O.K.A.JOSEPH, AGED 45, PROPRIETOR OF M/S.SYSTEMS AND CONTROLS, RESIDING AT KIZHAKOODAN HOUSE, ELAMAKKARA P.O., EDAPPALLY, KANAYANNUR TALUK, ERNAKULAM VILLAGE. BY ADVS. SRI.R.PRASANTH KUMAR, SRI.R.SUDHIR SHENOI. RESPONDENT(S): --------------------------- 1. THE UCO BANK, P.B.NO.281, MATTANCHERRY, KOCHI - 682 002. 2. THE DEBTS RECOVERY TRIBUNAL OF KERALA AND LAKSHADWEEP, PANAMPILLY NAGAR, COCHIN - 682 036. 3. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF BANKING, NEW DELHI - 110 001. R1 BY ADVS. SRI.GEORGE KARITHANAM VARGHESE, SRI.V.J.JOHN. R3 BY ADV. SRI. T.P.M.IBRAHIM KHAN, ASST.SOLICITOR GENERAL SMT.JAYSREE MANOJ, CGC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.38328 of 2008-K ---------------------------- Dated this the 22nd day of June, 2010. J U D G M E N T The petitioner is challenging the steps taken by the respondent Bank under the SARFAESI Act. When the matter came up for consideration before this Court on 30.12.2008 the proceedings were intercepted on condition that the petitioner deposited a sum of Rs.6 lakhs within three weeks. Nothing transpired for quite a long time. Yesterday, when it was posted, there was no representation for the petitioner and it was pointed out by the learned counsel for the respondent Bank that the condition imposed by this Court has not been satisfied. Today also there is no representation for the petitioner. In the said circumstances, this Court does not find it as a fit case for exercising the discretionary jurisdiction under Article 226 of the Constitution of India. Accordingly, the matter is dismissed for default. P.R.RAMACHANDRA MENON JUDGE ab