IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WP(C).No. 797 of 2011(Y) ------------------------ PETITIONER(S): --------------- 1. P.K.NANDAKUMAR, S/O.KRISHNAN NAIR, GOWRI KRIPA, M.P.IV/872, NEAR C.S.I. CHURCH, THENVILA ROAD, VIZHAVOOR, MALAYAM.P.O., THIRUVANANTHAPURAM-695 006. 2. V.SINDHU, W/O.P.K.NANDAKUMAR, RESIDING AT GOWRI KRIPA, M.P.IV/872, NEAR C.S.I. CHURCH, THENVILA ROAD, VIZHAVOOR, MALAYAM.P.O., THIRUVANANTHAPURAM-695 004. BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENT(S): --------------- 1. THE AUTHORISED OFFICER, SOUTH INDIAN BANK, REGIONAL OFFICE, HOTEL SAFA, INTERNATIONAL BUILDING, P.B.NO.473, MALAYALA MANORAMA ROAD, THAMPANOOR, THIRUVANANTHAPURAM-695 014. 2. THE SOUTH INDIAN BANK LTD., CHALAI BRANCH, SIVAKAMI BUILDING, POWER HOUSE ROAD, TRIVANDRUM-695 006, REPRESENTED BY ITS BRANCH MANAGER. ADV. SRI.GEORGE VARGHESE MANACHIRACKEL, SC, SOUTH INDIAN BANK SRI.P.R.MILTON FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami/ C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.797 of 2011 ------------------------------- Dated this the 18th day of February, 2011. J U D G M E N T Proceedings initiated under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is under challenge in this writ petition. 2. Considering availability of the effective alternative remedy, this Court was not inclined to entertain the writ petition. However, as a gesture of indulgence dispossession of the petitioner from the property was stayed subject to condition of the petitioner remitting a sum of ` 2 lakhs on or before 31.1.2011. Subsequently in a order passed in I.A.No.1986 of 2011 dated 4.2.2011 the time stipulated for payment was extended till 16.2.2011. 3. Today when the matter was taken up, it is submitted on behalf of the respondents that the petitioner had failed to comply with the condition even within the extended period. 2 W.P.(C).No.797 of 2011 Prayer for further extention made could not be allowed. 4. Under the above circumstances, I am not inclined to entertain this writ petition any further. Therefore, the writ petition is hereby dismissed. However, the petitioner will be at liberty to pursue statutory remedy if any available under law. C.K.ABDUL REHIM, Judge ami/