IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 WP(C).No. 36245 of 2010(E) -------------------------- PETITIONER: ------------------ SANTHOSH KUMAR.B.R, AGED 43, S/O.K.BALAKRISHNAN NAIR, 10/398, THONNAKKAL P.O., THIRUVANANTHAPURAM. BY ADV. SRI.A.AHZAR RESPONDENTS: ---------------------- 1. AUTHORIZED OFFICER, ASSISTANT GENERAL MANAGER, RACPC, STATE BANK OF INDIA, LMS COMPOUND, THIRUVANANTHAPURAM DISTRICT 695001.. 2. MANAGER, STATE BANK OF INDIA, MARAKKADA BRANCH, THIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.36245 of 2010-E ---------------------------------------- Dated this the 5th day of January, 2011. J U D G M E N T In this writ petition, the challenge is against proceedings initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and against the notice issued by the Advocate Commissioner appointed by the Chief Judicial Magistrate Court in a proceedings initiated under Section 14(1) of the Act. 2. Eventhough the petitioner has not availed the statutory remedy as provided under Section 17(1), this Court had shown indulgence in restraining dispossession subject to condition of the petitioner remitting a sum of Rs.10 lakhs. The interim order in this regard was issued on 3.12.2010 stipulating such payment to be made on or before 30.12.2010. It is submitted by the learned counsel appearing for the petitioner that the conditions stipulated was not complied with. W.P(C) No.36245 of 2010-E 2 3. Under the above circumstances, I am not inclined to entertain this writ petition any further. However, it is made clear that the petitioner will be at liberty to invoke statutory remedy if any available, against the proceedings. 4. Hence the writ petition is dismissed without prejudice to rights if any available to the petitioner to invoke statutory remedy against the proceedings impugned. C.K.ABDUL REHIM JUDGE ab