IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WA.No. 881 of 2011 -------------------- AGAINST THE JUDGEMENT IN WPC.6264/2011 Dated 06/04/2011 .................... APPELLANTS/PETITIONERS: ------------------------------ 1. NAZEERA MOHAMMED,AGED 4O,W/O.NAINA MOHAMMED,RAHMATH,K.P IV/157 C, PURAVOORKONAM,KARAKULAM P.O, THIRUVANANTHAPURAM. 2. NAINA MOHAMMED,S/O.N.SHAHUL MOHIDEEN, RAHMATH,K.P IV/157 C,PURAVOORKONAM, KARAKULAM P.O,THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE AUTHORISED OFFICER, CHIEF MANAGER, STATE BANK OF TRANVACORE, KSEB,PATTOM BRANCH, THIRUVANANTHAPURAM. 2. THE MANAGER,STATE BANK OF TRAVANVCORE KSEB,PATTOM BRANCH,THIRUVANANTHAPURAM. BY ADV. SRI.R.S. KALKURA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA.No. 881 of 2011 APPENDIX APPELLANTS' EXHIBITS: ANNEXURE I : ATTESTED COPY OF THE JUDGMENT IN WRIT PETITION NO.6264 OF 2011. ANNEXURE II : PHOTOCOPY OF THE WRIT PETITION NO.6264 OF 2011. ANNEXURE III: A TRUE COPY OF THE INTERIM ORDER DATED 28.02.2011. ANNEXURE IV : TRUE COPIES OF THE RECEIPT DATED 19.03.2011 AND 29.03.2011 EVIDENCING THE PAYMENT OF RS.4,00,000/-. /TRUE COPY/ PS TO JUDGE J. CHELAMESWAR, C.J & A.K. BASHEER, J. ---------------------------------------------- W.A.No. 881 of 2011 ---------------------------------------------- Dated this the 30th day of June, 2011 JUDGMENT J.Chelameswar, CJ. Aggrieved by judgment dated 6th April, 2011 in W.P(C).No.6264 of 2011, the unsuccessful petitioner preferred the instant appeal. The Writ Petition came to be filed challenging the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in view of the default in repayment of a loan availed by the appellant. It appears from the judgment under appeal that though the Writ Petition itself was not admitted, taking the facts and circumstances into account and taking a lenient view of the matter, an interim order of dispossession was granted on 28.2.2011, subject to the condition that the petitioner deposits an amount of Rs.5,00,000/- within three weeks from the date of the order. 2. Though the matter underwent several adjournments thereafter, it appears from the judgment that the appellants did not place any material before the Court in proof of the fact that the interim order was complied with. On the other hand, when the matter was taken up on 6th April, 2011, there was not even a representation before the learned Single Judge. W.A.881/11 2 In the circumstances, the learned Judge was pleased to dismiss the Writ Petition while graciously preserving the right of the appellant to pursue his alternative remedies, if any, available under law. The abovementioned facts, we believe, are sufficient to demonstrate that the judgment under appeal does not warrant any interference. Therefore the appeal is dismissed at the admission stage. J.CHELAMESWAR, CHIEF JUSTICE A.K. BASHEER, JUDGE vgs