IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 16928 of 2010(M) -------------------------- CMP.1197/2010 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): --------------- JULIE MEENAN, NEELANCHANAM, SRPS, D-7, TC.19/607, SOUTH ROAD, MUDAVANMUGHAL, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- 1. PUNJAB NATIONAL BANK, REPRESENTED BY AUTHOURISED OFFICER/ASST.GENERAL MANAGER, CPGP TOWERS, STATUE, THIRUVANANTHAPURAM. 2. BRANCH MANAGER, PUNJAB NATIONAL BANK, ANJANA BUILDING, PUTHUPPALLY LANE, MEDICAL COLLEGE BRANCH, THIRUVANANTHAPURAM. ADV. SRI.C.AJITH KUMAR FOR R1& 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.16928 of 2010-M ---------------------------- Dated this the 20th day of July, 2010. J U D G M E N T The petitioner has approached this Court challenging the steps taken by the respondent Bank invoking the provisions under SARFAESI Act. 2. When the matter came up for consideration before this Court on 16.6.2010, coercive steps were intercepted on condition that the petitioner satisfied a sum of Rs.5 lakhs within two weeks, making it clear that no petition for enlargement of time will be entertained under any circumstances. The learned counsel for the Bank submits with reference to the contents of the counter affidavit filed before this Court that, the total outstanding liability will come nearly Rs.37 lakhs. The petitioner has filed I.A.No.9860 of 2010 seeking to enlarge the time fixed by this Court as per the interim order dated 16.6.2010. The affidavit in support thereof clearly shows that not even a 'single pai' has been remitted by the petitioner in furtherance to the interim order passed by this Court and the extension sought for is to effect payment of the entire W.P(C) No.16828 of 2010-M 2 amount and not for remitting the balance amount after satisfying the portion of the same. 3. In view of the specific stipulation made by this Court in the interim order, which is a self-serving one, this Court does not find it as a fit case to exercise the discretionary jurisdiction under Article 226 of the Constitution of India. Hence, interference is declined and the Writ Petition is dismissed, however, without prejudice to the right of the petitioner to pursue the statutory remedy available in accordance with law. P.R.RAMACHANDRA MENON JUDGE ab