IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 6710 of 2009(G) --------------------------------------- PETITIONER(S): ------------------------- ABDUL AZEEZ, AGED 55 YEARS, S/O.BAVA, ELAYIDATH HOUSE, NEAR L.F. U.P.SCHOOL, CHERUVANNUR, FEROKE P.O., KOZHIKODE. BY ADV.MR.ALIAS M.CHERIAN RESPONDENT(S): ----------------------------- 1. ALLAHABAD BANK, KOZHIKODE BRANCH, IST FLOOR, SATHEESH BUILDING, KALLAI ROAD, KOZHIKODE-04, REPRESENTED BY ITS BRANCH MANAGER. 2. AUTHORIZED OFFICER, ALLAHABAD BANK, ZONAL OFFICE, 112, SIR THYAGARAYA ROAD, T.NAGAR, CHENNAI-17. 3. MR.BEERAN KOYA P., AGED 48 YEARS, S/O.P.SAITHALI, PERINGADAKKATTU HOUSE, PANAYATHATTY, KOLATHARA P.O., KOZHIKODE. 4. MR.ELIAS AMEEN, AGED 25 YEARS, S/O.BEERAN KOYA P., PERINGADAKKATTU HOUSE, PANAYATHATTY, KOLATHARA P.O., KOZHIKODE. BY ADV. MR. VIVEK VARGHESE, SC, ALLAHABAD BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.6710 of 2009-G = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of March, 2009. JUDGMENT The petitioner is a guarantor for a transaction provided by the first respondent. Some time in 2006, action was taken under the SARFAESI Act. It is stated that a compromise formula was, thereafter, worked out. However, as is evident from Ext.P4 dated 1.9.2007, that was also not honoured. The bank issued Ext.P5 auction notice on 4.2.2008. More than one year after that, as of now, I do not find any ground for the writ court to interfere, particularly when remedies under Section 17 of the SARFAESI Act have not been taken recourse even within the prescribed time. The writ petition fails. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/120309