IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 32422 of 2008(I) ----------------------------------------- PETITIONER(S): -------------------------- S.D.PRASAD, SRAMPICKAL HOUSE, KUMARAKOM P.O., KOTTAYAM. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): --------------------------- BANK OF INDIA, KOTTAYAM BRANCH, REPRESENTED BY THE AUTHORISED OFFICER, ASHIRWAD TOWERS, SASTHRI ROAD, KOTTAYAM. ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.32422 of 2008-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of November, 2008. JUDGMENT The petitioner availed a cash credit facility in 2003 and failed to repay. On accrual of amounts, the account was classified as NPA and proceedings were initiated under the SARFAESI Act. There is, therefore, obviously, no error of jurisdiction or legal infirmity in those proceedings. Nor is any such infirmity pointed out at hearing. The petitioner also did not comply with the condition imposed, while granting interim relief on 4-11- 2008. The writ petition fails. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/281108