IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 29884 of 2010(I) --------------------------------- PETITIONER(S): ------------------- MEENAKSHY, W/O.LATE NARAYANAN B.V., BHAGAVATHY TEMPLE HOUSE, VALAPPAD BEACH P.O., TRICHUR. BY ADVS. SMT.S.MUMTAZ SMT.MAHESWARI D.L. RESPONDENT(S): -------------------- 1. DHANALAXMI BANK LTD., REP.BY THE AUTHORISED OFFICER, DHANALAXMI BANK LTD., ZONAL OFFICE, DHANALAXMI BUILDING, 1ST FLOOR, PUNKUNNAM, THRISSUR-680 002. 2. SATHEESH BABU.B.S., S/O.SUBRAMONIAN B.R., BHAGAVATHY PARAMBIL HOUSE, VALAPPAD BEACH P.O., THRISSUR-680 013. R1 BY ADV. SRI.C.K.KARUNAKARAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ C.K.ABDUL REHIM, J --------------------------- W.P(C) No. 29884 of 2010-I ---------------------------- Dated this the 20th day of October, 2010. J U D G M E N T Challenge in this writ petition is against the proposed sale notified through Ext.P3, pursuant to the steps initiated under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). It is noticed that the petitioner has not chosen to challenge any steps taken under the SARFAESI Act by resorting to statutory remedy available under Section 17(1). Inspite, as a gesture of indulgence this Court had granted an interim order, staying confirmation of sale if any conducted, subject to condition of the petitioner paying a sum of Rs.1,50,000/- within two weeks from 28.9.2010. 2. It is submitted by the counsel appearing for the first respondent that the condition has not been complied with till date and only a sum of Rs. 8,000/- was remitted. Learned counsel for the petitioner concedes that there is no instruction received from the petitioner about compliance of the interim order. Under the above circumstances, the writ petition is dismissed. However, it is made clear that dismissal of this writ petition will not stand in the way of the petitioner resorting remedies, if any available under the statute. C.K.ABDUL REHIM, JUDGE 2 ab