IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 31277 of 2008(W) ----------------------------------------------- PETITIONER(S): ---------------------- SMT. NAJUMA.M, W/O. NOUSHAD, NOUSHAD MANZIL, KANIYAPURAM.P.O, THIRUVANANTNAPURAM. BY ADV. SRI.M.R.RAJESH SMT.A.K.PREETHA RESPONDENT(S): ------------------------ 1. THE FEDERAL BANK, FEDERAL BANK TOWERS, P.B NO. 103, ALWAYE-683 101, ERNAKULAM, REPRESENTED BY THE CHIEF MANAGER, FEDERAL BANK LTD., KOTTAYAM BRANCH. 2. THE CHIEF MANAGER, FEDERAL BANK LTD.,ASSET RECOVERY BRANCH, FEDERAL TOWERS, MARINE DRIVE, ERNAKULAM-682031. 3. THE AUTHORISED OFFICER, FEDERAL BANK LTD., REGIONAL OFFICE, KOTTAYAM. 4. BEETECH POLYMERS, MINI INDUSTRIAL ESTATE, ORAVACKAL, AMAYANNUR POST, KOTTAYAM DISTRICT, REPRESENTED BY THE MANAQGING PARTNER. 5. SRI.P. CHANDRU, S/O.K.PANCHAVARNAM, HOUSE NO. 405, VADAYAMPATHUMALA, PUTHEN KARIMUGAL ROAD, ERNAKULAM. 6. SRI.RAJ KAPOOR, S/O. MUHAMMED SALY PUTTOOSE, T.C 1/2081 (6), MADATHUVILAKATHU MURIYIL, MURINJAPALAM, THIRUVANANTHAPURAM. 7. SRI. MOHAMMED IQBAL, S/O. LATE MOHAMMED KUNJU, NADEERA MANZIL, T.C 48/110, VAZHUTHACAD, THIRUVANANTHAPURAM. W.P.(C).NO.31277/08 W 8. SRI. SHAMMY KAPOOR, S/O. MUHAMMED SALY PUTTOOSE, T.C 1/2081(6), MADATHUVILAKATHU MURIYIL, MURINJAPALAM, THIRUVANANTHAPURAM. 9. SRI. RAJENDRAN, COLECTION/RECOVERY AGENT, FEDERAL BANK LTD., KOTTAYAM BRANCH. ADV. SRI.MOHAN JACOB GEORGE FOR R1 & R3 SMT.P.V.PARVATHI FOR R1 & R3 SMT.REENA THOMAS FOR R1 & R3 SRI.L.RAM MOHAN FOR R1 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.31277 OF 2008 W PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF SALE NOTICE DATED 15.09.2008 OF THE THIRD RESPONDENT. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 31277 OF 2008 W -------------------------------------- Dated this the 6th November, 2008 JUDGMENT Petitioner is a Guarantor and the fourth respondent is the principal debtor. Proceedings were taken under the Securitisation And Reconstruction of Financial assets & Enforcement of Security Interest Act, 2002 against the petitioner. This Court passed an interim order on 23.10.2008, taking note of the submission of the learned counsel for petitioner that given some time the entire amount due will be paid. It was noted that the petitioner is prepared to pay off the entire amount within six weeks from the date of the order. On the said basis, the interim order was passed on condition that the petitioner pays certain amounts. Today, when the matter came up, learned counsel for petitioner submits that no amount has been paid. Counsel for the respondent Bank also points out that no amount has been paid. Even though learned counsel for petitioner made an attempt to seek some more time, I am not WPC. 31277/08 W 2 inclined to grant further time. In such circumstances, I do not see any reason to consider grant of any relief in this Writ Petition. The Writ Petition fails and it is dismissed. K. M. JOSEPH, JUDGE kbk.