IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 16323 of 2010(M) --------------------------------------- PETITIONER: ------------------- C.H.MOHAMMEDKOYA MEMORIAL EDUCATIONAL AND CHARITABLE TRUST, PARAKULAM, UMAYANALLOOR, KOLLAM, REPRESENTED BY ITS CHAIRMAN, ABDUL KAREEM, S/O.HANEEFAKUNJU, FAZEELA MANZIL, PARAKULAM, VADAKKUMTHALA CHERY, THAZHUTHALA VILLAGE, KOLLAM. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL. RESPONDENTS: ------------------------ 1. THE FEDERAL BANK LIMITED, REGISTERED OFFICE AT ALWAYE, REPRESENTED BY ITS CHIEF MANAGER, REGISTERED OFFICE, ALWAYE. 2. MANAGER, FEDERAL BANK LIMITED, KOLLAM BRANCH, KOLLAM. 3. AUTHORISED OFFICER (CHIEF MANAGER), THE FEDERAL BANK LIMITED, THIRUVANANTHAPURAM. 4. JOHN GEORGE, ADVOCATE COMMISSIONER, KOLLAM, (IN CRL.M.P.NO.2527/2010 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM). R1 TO R3 BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2010, ALONG WITH W.P.(C). NO. 34412 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------------------------------- W.P.(C).Nos.16323 & 34412 of 2010 ------------------------------------------------------- Dated this the 1st day of December, 2010 J U D G M E N T ---------------------- WP(C).16323/10 is filed by a Charitable Trust which is running an educational institution. Challenge in that writ petition is against proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), consequent to default committed in repayment of loan availed by the Trust from the respondents 1 to 3. The writ petition was filed at a time when the Advocate Commissioner appointed by the Chief Judicial Magistrate Court had issued notice requesting the petitioner to hand over possession of the immovable properties, which are the secured assets. 2. It is noticed that when the above said writ petition came up for consideration on 27.5.2010, this court was pleased to order status quo to be maintained, subject to condition of the petitioner depositing a sum of Rs.25 lakhs within three weeks thereof. It is noticed that the petitioner Trust has not complied with the condition till date. 3. WP(C).34412/10 is filed by a person who claims to have taken the immovable properties belonging to the above said Trust on the basis of a licence. He claims that he is runing a W.P.(C).16323/10 & 34412/10 -2- Hostel attached to the educational institution. In this writ petition the challenge is against a further notice issued by the Advocate Commissioner. 4. Considering the fact that the borrower Trust had defaulted in complying with the condition and also considering the fact that no statutory remedy available under the Act was invoked, I am not inclined to interfere with the matter. So also, with respect to the second writ petition, I am of the view that the petitioner has no locus standi to interfere with the proceedings initiated under the SARFAESI Act, based on the alleged rights created under Ext.P1 licence, upon which the claim is made. 5. Confronted with the above position, learned counsel for the petitioner sought permission to withdraw both the writ petitions. It is submitted that the Charitable Trust has now approached the bank seeking settlement of arrears and that negotiations are going on. Hence permission is sought reserving liberty of the petitioner Trust to approach the bank for such settlement. 6. Permission is granted. Writ petitions are dismissed as withdrawn, without prejudice to the liberty of the petitioners to approach the respondent Bank seeking settlement. C.K.ABDUL REHIM, JUDGE. okb