IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 3582 of 2009(B) ------------------------------------ PETITIONER(S): ------------------------- SMT.BINDU, AGED 35 YRS,D/O.SARASWATHY, DWARAKA, T.C.48/1266,MOONATHU MUKU, POONTHURA.P.O, THIRUVNAANTHAPURAM-26. BY ADV. MR.P.V.ANIL RESPONDENT(S): ------------------------ 1. THE HOUSING DEVELOPMENT FINANCE CORPORATION LTD,VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. THE AUTHORISED OFFICER,THE HOUSING DEVELOPMENT FINANCE CORPORATION LTD,VAZHATHACAUD, THIRUVANANTHAPURAM. ADDL. R3 IS IMPLEADED 3. MR.CHANDRNA, S/O. SHANKU, RESIDING AT THARATTAYIL VEEDU, PULLUKADU, THIRUVANANTHAPURAM. ADDL. 3RD RESPONDENT IMPLEADED AS PER ORDER DT.25.6.09 IN IA. 3010/09 BU ADV. MR.K.K.CHANDRAN PILLAI ADV.MR.S.SAJIN FOR ADDL.R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 3582 OF 2009 ----------------------------------- Dated this the 10th day of June, 2009 JUDGMENT Challenging the recovery pursued by the first respondent Bank, the petitioner had approached this Court earlier by filing WP(C) 12798/2006, wherein Ext.P1 interim order was passed, whereby the coercive steps were intercepted on condition that the petitioner paid a sum of Rs.75,000/- within one month. Subsequently, during the pendency of the above Writ Petition, the petitioner filed the present Writ Petition stating that a purchaser has come to buy the properties of the petitioner offered as security to the respondent Bank and that the sale consideration payable by the said person shall be remitted to the Bank for clearing the entire liability. It was in the said circumstance that an order was passed by this Court in the present Writ Petition on 09.02.2009, directing the petitioner to implead the aforesaid prospective purchaser. Simultaneously, in view of the present Writ Petition, the earlier Writ Petition, i.e., WP(C) No.12798/2006 was dismissed, also taking note of the submission made from the part of the respondent Bank that, the petitioner has not chosen to comply with the condition imposed while granting the interim order in the other case. WPC NO.3582/2009 2 2. Pursuant to the steps taken by the petitioner by filing I.A. 3010/2009, the aforesaid prospective purchaser by name Mr. Chandran was impleaded as the additional third respondent in the present WP(C). It is pointed out by the learned Counsel on behalf of the respondent Bank that the additional third respondent appeared before this Court and submitted that he was ready and willing to purchase the property and that the sale consideration could be remitted to the first respondent Bank. But it is now pointed out by the learned counsel for the petitioner that the aforesaid prospective purchaser, i.e., the additional third respondent has withdrawn from the commitment and that he is not interested to purchase the property. 3. Considering the sequence of events, this Court does not find it necessary to keep the above proceedings pending before this Court any further. Absolutely no tenable ground is brought out to call for interference. The Writ Petition fails and it is dismissed accordingly. P.R.RAMACHANDRA MENON JUDGE dnc