IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 36510 of 2010(K) -------------------------- PETITIONER: ------------------- 1. M/S. PAVIZHAM TRADING COMPANY, REPRESENTED BY ITS PROPRIETOR, T.K. ABDUL AZEEZ,DOOR.NO.33/1880/E2,MODERN APARTMENTS PALARIVATTOM, KOCHI-682025. 2. M/S. JUBILY TRADING COMPANY, REPRESENTED BY ITS PROPRIETOR, T.K. ABDUL AZEEZ, DOOR.NO.33/1880/E2,MODERN APARTMENTS, PALARIVATTOM, KOCHI-682025. 3. M/S. SUPREME SALES CORPORATION, REPRESENTED BY ITS MANAGING PARTNER, T.K. ABDUL AZEEZ,DOOR.NO.33/1880/E2,MODERN APARTMENTS PALARIVATTOM, KOCHI-682025. BY ADV. SRI.V.P.MOHAMMED NIYAZ RESPONDENTS: ---------------------- 1. INDIAN OVERSEAS BANK, REPRESENTED BY AUTHORIZED OFFICER, WILLINGTOM ISLAND BRANCH, COCHIN-3. 2. S. THAMPI, BABY MANDIRAM, (NETTAYTHU THEKKETHIL) PALAMUKKU, ANCHAL.P.O., KOLLAM 691306. BY ADV. SRI.P.B.SURESH KUMAR, SC, I.O.BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K. ABDUL REHIM, J ------------------------------- WP(C) NO. 36510 OF 2010 ------------------------------------- Dated this the 22nd day of December, 2010 JUDGMENT This Writ Petition was filed challenging Ext.P4 notice of sale proclamation. This Court on 08.12.2010 had issued an interim order staying confirmation of sale if any takes place, subject to condition of the petitioner remitting a sum of Rs.10 lakhs within two weeks thereafter. 2. It is stated that the sale has not taken place on the basis of Ext.P4 notice. It is also conceded that the petitioner has not complied with the condition stipulated. Learned counsel for the petitioner submits that the petitioner is approaching the second respondent seeking regularisation of the loan account. 3. Under the above circumstances, the Writ Petition is dismissed, without prejudice to the liberty to the petitioner to approach the respondent Bank seeking appropriate reliefs. C.K. ABDUL REHIM JUDGE dnc