IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 10229 of 2011(C) ---------------------------------- SA.179/2010 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): ------------------- K.R.GIREESAN, S/O.RAMAN, AGED 57 YEARS, RESIDING AT KOTTADAYIL HOUSE, NETTOOR P.O., MARADU VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN-682 304. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------------- 1. BANK OF INDIA, MATTANCHERRY BRANCH, ERNAKULAM, COCHIN-682 002, REPRESENTED BY ITS BRANCH MANAGER. 2. AUTHORISED OFFICER, BANK OF INDIA, ZONAL OFFICE, KALOOR TOWERS, KADAVANTHRA ROAD, ERNAKULAM, COCHIN-682 017. R1 & R2 BY ADV. SRI.JOJI, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.10229 of 2011 ------------------------------------------- Dated this the 13th day of June, 2011 J U D G M E N T ---------------------- In view of failure on the part of the petitioner in availing benefit of the indulgence shown by this court through judgment in WP(C).2644/2010, dt. 1.2.2010, and in view of non-compliance of the conditions stipulated by the Debts Recovery Tribunal in S.A.179/2010, this court was not inclined to entertain this writ petition. However, on the basis of submissions made by learned counsel, dispossession was stayed subject to condition of the petitioner remitting the entire balance in two equal instalments on or before 30.4.2011 and 31.5.2011. The said order was issued as early as on 12.4.2011. Even after the lapse of two months the petitioner has not remitted any amount, is the submission of the counsel for the respondents. Learned counsel for petitioner is not in a position to assert that any payment has been made. On the other hand it is conceded that there is no instruction from the petitioner. 2. Under the above mentioned circumstances, I am not W.P.(C).10229/11 -2- inclined to entertain this writ petition any further, for exercising the discretionary jurisdiction of this court, in favour of the petitioner. The writ petition is accordingly dismissed. C.K.ABDUL REHIM, JUDGE. okb