IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 9772 of 2011(V) ------------------------- PETITIONER(S): --------------- SETHUMADHAVAN, S/O.MADHAVAN NAIR, PULLOOR HOUSE, PANDAMANGALA, KOTTACKAL P.O., MALAPPURAM DISTRICT. BY ADV. SRI.A.B.MOHANAKUMAR RESPONDENT(S): --------------- MALAPPURAM DISTRICT CO-OP. BANK LTD., HEAD OFFICE, UPHILL, MALAPPURAM, REP. BY THE AUTHORIZED OFFICER-676505. BY ADV. SRI.V.KRISHNA MENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9772 of 2011(V) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE FIRST TWO PAGES OF RATIION CARD HELD BY THE PETITIONER'S MOTHER EXT.P2 : COPY OF THE NOTICE DTD.15.9.2008 EXT.P3 : COPY OF THE JUDGMENT DTD.31.3.2009 IN W.P(C) NO.10066/2009 EXT.P4 : COPY OF THE LETTER DTD.1.1.2001 ISSUED BY THE ADVOCATE COMMISSIONER IN CMP NO.5100/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ab C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.9772 of 2011-V ---------------------------------------- Dated this the 7th day of June, 2011. J U D G M E N T This Court was not inclined to entertain challenge raised against the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), in view of the effective statutory remedy provided and also in view of the fact that the guarantor with respect to the loan transaction had already approached this Court on an earlier occasion. 2. However, on the basis of a persuasive submissions made, dispossession of the petitioner from the property was stayed, subject to condition of the petitioner remitting a sum of Rs.15 lakhs within one month from 30.3.2011. Inspite of lapse of more than two months and inspite of various adjournments sought by the petitioner, it is reported that the condition has not been complied with, till date. 3. Under the above mentioned circumstances, I am not inclined to entertain this writ petition any further, Accordingly, the Writ Petition is dismissed. C.K.ABDUL REHIM, JUDGE