IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 4098 of 2008(K) ------------------------------------ PETITIONER: ------------------ K.ANILKUMAR ,S/O.LATE BALAN, AGED 44 YEARS, AISWARYA NIVAS, C.H.COLONY, CHEVARAMBALAM POST, KOZHIKODE 673 017. BY ADV. SRI.K.P.RAMACHANDRAN SRI.C.S.MANILAL RESPONDENTS: ----------------------- 1. THE BRANCH MANAGER, INDIAN BANK , P.B.NO. 523 KALLAI ROAD, BRANCJ, KOZHIKODE 673 002. 2. THE CHIEF MANAGER CUM AUTHORISED OFFICER, INDIAN BANK, KANNUR BRANCH KANNUR. BY ADV. SRI.S.EASWARAN SC FOR R1 & R2 SRI.P.GOPINATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.4098/2008 APPENDIX EXT.P1:- COPY OF THE NOTICE OF INTENDED SALE DT. 5.1`2.07 BY the 2ND RESPONDENT RECEIVED BY THE WRIT PETITIONER'S WIFE. EXT.P2:- COPY OF THE COVERING LETTER DT. 3.1.08 BY THE IST RESPONDENT ALONG WITH THE COPY OF THE PUBLICATION OF SALE NOTICE DT. 31.12.07, TENDER FORM AND PAPER PUBLICATION OF THE 2ND RESPONDENT MADE ON 31.12.07 RECEIVED BY THE WRIT PETITIONER'S WIFE. EXT.P3:- COPY OF THE REGISTERED LETTER DT. 13.1.08, SENT BY THE WRIT PETITIONER TO THE IST RESPONDENT AND COPY OF TIS POSTAL RECEIPT AND ACKNOWLEDGEMENT CARD. EXT.P4:- COPY OF THE REGISTERED LETTER DT. 21.1.08 OF THE IST RESPONDENT RECEIVED BY THE WRIT PETITIOENR ALONG WITH THE ACCOUNT STATEMENT SHOWING THE ENTRIES FROM 9.8.05 TO 21.1.08. /TRUE COPY/ P.S. TO JUDGE tss ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 4098 of 2008 ------------------------------------- Dated: MARCH 25, 2008 JUDGMENT The challenge in this writ petition is against the securitisation proceedings initiated against the petitioner. 2. Interim orders were passed on 6.2.2008 and 19.2.2008 whereby the petitioner was given an opportunity to deposit part of the amount to avoid delivery of the property. It has now come out that these orders have not been complied with by the petitioner. On merits also I do not see anything illegal in the action that has been taken by the bank. The writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE mt/-