IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 27904 of 2010(K) ----------------------------------------- PETITIONER(S): ------------------------- MUHAMMED SAIFUDEEN, S/O.ABDU MUSALIAR, VAKKAYILVALAPPIL HOUSE, PADOOR, VENGIDANGU VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENT(S): -------------------------- STATE BANK OF INDIA, REPRESENTED BY CHIEF MANAGER, IRINJALAKUDA, THRISSUR DISTRICT. BY ADV. SRI. R.S.KALKURA, SC, SBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.27904 of 2010 ------------------------------------------- Dated this the 4th day of November, 2010 J U D G M E N T ---------------------- This writ petition is filed challenging the coercive steps initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Even though the petitioner has not resorted to the statutory remedy provided under the said Act, as a gesture of indulgence, this court has stayed steps for dispossession of the petitioner from the property, subject to condition of the petitioner remitting a sum of Rs.4 lakhs within two weeks from 17.9.2010 onwards. Thereafter the case was posted on different occasions like 5.10.2010, 21.10.2010 and 29.10.2010. 2. It is submitted by the learned Standing Counsel appearing for the respondent Bank that the petitioner has not complied with the condition till date. Today when the matter was taken up, there was no representation for the W.P.(C).27904/10-K -2- petitioner. It was noticed that on an earlier occasion also (on 5.10.2010) that there was no representation on behalf of the petitioner. 3. Under the above circumstances the writ petition is dismissed for default. C.K.ABDUL REHIM, JUDGE. okb