IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 3176 of 2009(C) ---------- ------------------------- PETITIONER: ------------------- U.MUHAMMED BASHEER, AGED 45 YRS, S/O.UMMER, THATTAPARAMBIL HOUSE, KOMANA MURI, AMBALAPPUZHA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.GOKUL DAS V.V.H. RESPONDENTS: ----------------------- 1. THE UNION BANK OF INDIA, ALAPPUZHA BRANCH,REPRESENTED BY ITS MANAGER. 2. THE AUTHORISED OFFICER,THE UNION BANK OF INDIA, ALAPPUZHA BRANCH. 3. KRISHNA CHANDRAN.C, 'BHADRA', KAKKAZHAM(PO), ALAPPUZHA. 4. MRS SARITHA KRISHNA CHANDRAN,'BHADRA', KAKKAZHAM(PO), ALAPUZHA. 5. MRS.MEERA BAI.S, 'BHADRA', KAKKAZHAM(PO), ALAPPUZHA. R1 & R2 BY STANDING COUNSEL SRI.A.S.P.KURUP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P.(C) No.3176 of 2009 ------------------------------------------- Dated, this the 30th day of January, 2009 JUDGMENT The petitioner holds out Ext.P1 agreement for sale stated to have been executed by respondents 3 to 5 who are debtors of the first respondent. When the creditor bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, for short 'SARFAESI Act', respondents 3 to 5 have approached this Court and filed W.P.(C) No.26820 of 2008 and sought for time till 15.10.2008 to pay off the entire outstanding. Ext.P2 judgment was then delivered directing that the proceedings would be deferred to enable respondents 3 to 5 to pay off the entire outstanding by 15.10.2008. Obviously that has been defaulted and now the petitioner has only an agreement for sale. Even according to his own contentions, he does not have any legal right to challenge the SARFAESI proceedings. The writ petition fails and it is dismissed. THOTTATHIL B.RADHAKRISHNAN, JUDGE vns