IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 13768 of 2011(U) ------------------------ PETITIONER : --------------------- 1. M.S.JAYAPRAKASH, S/O.V. N. SIVARAMAN NAIR, AGED 56 YEARS, MADAPPATTU HOUSE, KANGAZHA DESOM, KANGAZHA VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 2. C.N.VENUGOPAL, S/O. K.N.NEELAKANDAN NAIR, AGED 60 YEARS, CHITTETTU PADINJAREMURIYIL HOUSE, KANGAZHA DESOM, KANGAZHA VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.C.C.ABRAHAM RESPONDENT(S): ------------------------- 1. KERALA STATE FINANCIAL ENTERPRISES LIMITED, REPRESENTED BY THE MANAGING DIRECTOR, HAVING REGISTERED OFFICE AT BHADRADA, PB.NO.510, MUSEUM ROAD, CHEMBUKKAVU, THRISSUR-680 020. 2. THE BRANCH MANGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED, MAIN BRANCH, BAKER JUNCTION, KOTTAYAM, PIN - 686 001. R1 & R2 BY ADV. SRI.M.L.SAJEEVAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 13768 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE DEMAND NOTICE NO. 15/2008 DATED 2.5.2011. EXT.P1(a) : COPY OF THE DEMAND NOTICE NO. NCL/1382 DATED 2.5.11. EXT.P2 : COPY OF THE DEMAND NOTICE NO. 15/2008 DATED 2.5.2011. EXT.P2(a) : COPY OF THE DEMAND NOTICE NO. NCL/1382 DATED 2.5.11. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.13768 OF 2011 ---------------------------------------------- Dated this the 26th day of July, 2011 JUDGMENT This writ petition is filed by the petitioners challenging proceedings initiated by the respondents for recovery of chitty and loan amounts due from the petitioners to the respondents. This Court passed the following interim orders on; 23.5.2011, “Standing counsel is directed to get instructions and to file statement. Post on 20.6.2011. Meanwhile, further steps of recovery initiated pursuant to Exts.P1 and P2 series notices shall be kept in abeyance, subject to condition of the petitioner remitting a sum of Rs.2,00,000/- on or before 17.6.2011”. 20.6.2011, “No representation for the petitioners. It is made clear that the interim order will not be operative if the condition stipulated has not been complied with. Post day after tomorrow.” and on 27.6.2011 “I.A.No.10115/2011 An Interim order was issued as early as on 23/5/11. In spite of lapse of one month, the petitioners have not complied with the condition. W.P.(C)No.13768/11 2 Now the petitioners are seeking extension of the period by further two months. The extension sought for is opposed by the respondents. However, as a last chance, time is extended till 23/7/2011 making it clear that no further extension will be granted in any manner and on failure, the writ petition will be dismissed. Post on 26/7/2011. Needless to say that the interim order will continue till then”. 2. When the matter was taken up today, none appears for the petitioners. In the above circumstances, as directed by order dated 27.6.011, insofar as the petitioners have not complied with the interim order, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.13768/11 3 W.P.(C)No.13768/11 4