IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 7331 of 2007(W) -------------------------------------- PETITIONERS: --------------------- 1. BOBAN ANTONY, S/O.LATE K.D.ANTONY, AGED 46 YEARS, KURISINKAL HOUSE, A-119, JAWAHAR NAGAR COLONY, ERANHIPALAM, KOZHIKODE-673 006. 2. SOPHIYA BOBAN, W/O.BOBAN ANTONY, AGED 44 YEARS, KURISINKAL HOUSE, A-119, JAWAHAR NAGAR COLONY, ERANHIPALAM, KOZHIKODE- 673 006. BY ADVS. MR.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN. RESPONDENTS: ------------------------ 1. STATE BANK OF TRAVANCORE, MAVOOR ROAD BRANCH, MANIYATTUKUDI ASFA BUILDING, ARAYINDATHUPALAM, KOZHIKODE-673 004. 2. THE AUTHORIZED OFFICER/CHIEF GENERAL MANAGER, S.B.T, MAVOOR ROAD BRANCH, MANIYATTUKUDI ASFA BUILDING, ARAYIDATHUPALAM, KOZHIKODE-673 004. R1 & R2 BY MR. M.PATHROSE MATTHAI, SENIOR ADVOCATE, ADV. MR.SAJI VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.7331/2007-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LAWYER NOTICE DTD. 24/12/2005. EXT.P.2: COPY OF THE ADALATH NOTICE ISSUED BY THE BANK TO THE PETITIONERS DTD. 23/05/2006. EXT.P.3: COPY OF THE NOTICE U/S. 13(2) OF SARFAESI ACT DTD. 09/06/2006. EXT.P.4: COPY OF THE NOTICE OF SALE PUBLISHED IN MATHRUBHUMI DATED 01/02/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.7331 OF 2007 ------------------------------------------- Dated this the 5th day of February, 2010 JUDGMENT This writ petition is filed challenging proceedings under the SARFAESI Act and seeking a declaration that Ext.P4 sale notice is issued in violation of the statutory provisions. The petitioner was granted an opportunity to resurrect the transaction by paying amounts in terms of the order dated 5.3.2007. That opportunity was not used. As of now, it is submitted that the property has been sold and the matter has become infructuous. This is recorded and the writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.08/02.