IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 7863 of 2011(G) ----------------------------------- PETITIONER(S): ------------------------ SUNNY JOSEPH, AGED 46 YEARS, S/O.JOSEPH, PALLAYAKEEL HOUSE, NEELESHWARAM, NELLESHWARAM P.O., MUTHERI, KOZHIKODE-673 572. BY ADV. SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH SMT.NEETHU PREM RESPONDENT(S): ---------------------- 1. THE CHIEF MANAGER/AUTHORISED OFFICER, PUNJAB NATIONAL BANK, CIRCLE OFFICE, SHATHABDI BHAVAN, GOVINDAPURAM, MINI BYE-PASS ROAD KOZHIKODE-673 016. 2. THE BRANCH MANAGER, PUNJAB NATIONAL BANK, MAIN BRANCH, K.P.KESAVAN MENON ROAD, KOZHIKODE-673001. BY ADVS. SRI.K.P.SUDHEER, SRI.SUMODH MADHAVAN NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.7863/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTICE DTD. 11.1.2011. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE LETTER DTD. 22.2.2011 SUBMITTED BY THE PETITIONER BEFORE THE BANK. TRUE COPY P.A. TO JUDGE tss C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No. 7863 of 2011 ------------------------------- Dated this the 28th day of June, 2011. J U D G M E N T Inspite of the statutory remedy available, this Court had shown indulgence in staying dispossession of the petitioner from the property, subject to condition of the petitioner remitting a sum of Rs.1,50,000/- on or before 15.5.2011. Subsequently, an application was filed seeking extension of time for payment stating that the petitioner had already remitted a sum of Rs.40,000/-. On that basis the time stipulated for payment was extended till 25.6.2011, making it clear that no further extension will be granted under any circumstances. It is conceded that the interim order has not been fully complied with till date. 2. Under such circumstances, I am not inclined to entertain this writ petition any further for exercising the discretionary jurisdiction vested on this Court, in favour of the petitioner. However, statutory remedy if any available to the petitioner will stand reserved. 2 W.P.(C).No. 7863 of 2011 3. Accordingly, the writ petition is dismissed without prejudice to the liberty as stated above, if available under law. C.K.ABDUL REHIM, Judge ami/