IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 7836 of 2009(Y) ------------------------------------ CMP.7081/2007 of CHIF JUDICIAL MAGISTRATE COURT,THRISSUR .................... PETITIONER(S): ---------------------- CHANDRAPALAN K.V., S/O.VELAYUDHAN, KAIMAPARAMBIL HOUSE, KURUMBILAVU, PAZHAVIL P.O., THRISSUR DISTRICT. BY ADV. MR.M.SASINDRAN MR.M.B.PRAJITH RESPONDENT(S): ------------------------- 1. THE CHIEF MANAGER AND AUTHORISED OFFICER, CATHOLIC SYRIAN BANK, MARKET ROAD BRANCH, ERNAKULAM. 2. THE CATHOLIC SYRIAN BANK LTD., THRISSUR-REP. BY ITS MANAGING DIRECTOR. 3. P.S.BABU, S/O.SUBRAHMANIAN, 59/1334, ARANGATH CROSS ROAD, NEAR KADAVIL COURT, ERNAKULAM. 4. AYOOB KHAN, S/O.FAKEER MOHAMMED RAWTHAR, PALACHAL HOUSE, KARIMBADI P.O., MEENANGADI (VIA.), WYNAD DISTRICT. R1 & R2 BY ADV. MR.SAIJY JACOB PALATTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 7836 OF 2009 ............................................ DATED THIS THE 12TH DAY OF MARCH, 2009 JUDGMENT Petitioner challenges proceedings under Section 14 of SARFAESI Act. The judgment in WP(C)31434 of 2007 was issued on 25.10.2007, granting the benefit of payment by way of instalments. Yet the petitioner did not pay the amounts and avoid distress action. The learned Chief Judicial Magistrate has rightly taken note of that fact and issued the impugned order. There is no jurisdictional error or legal infirmity in the proceedings. Writ petition fails and the same is accordingly dismissed. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/13/3