IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 7872 of 2011(H) ---------------------------------- PETITIONER(S): ---------------------- SAROJINI, W/O.LATE VISWANATHAN, AGED 65 YEARS, KARTHULLIPARAMBIL HOUSE SOUTH JANATHA ROAD, ERNAKULAM. BY ADV. SRI.P.P.MOHAMED NOUFAL SMT.BINITHA JAMES RESPONDENT(S): ------------------------- 1. THE PUNJAB NATIONAL BANK ASSETS MANAGEMENT, RECOVERY BRANCH, 40/1461, MARKET ROAD, ERNAKULAM 682 011,REPRESENTED BY ITS AUTHORIZED OFFICER & CHIEF MANAGER. 2. THE SENIOR MANAGER PUNJAB NATIONAL BANK ,VYTTILA BRANCH,COCHIN -19. 3. R.RAJALAKSHMI, AGED ABOUT 47 YEARS PROPRIETOR, M/S. LADIES QUEEN HOSTEL KSFE ROAD, OPP.KALOOR BUS STAND, COCHIN-17. R2 BY ADV. SRI.C.AJITH KUMAR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7872 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : A TRUE COPY OF THE NOTICE DATED 05.12.2008 ISSUED BY THE 1ST RESPONDENT. EXT.P2 : A TRUE COPY OF THE NOTICE DATED 10.02.2009. EXT.P3 : A TRUE COPY OF THE PAYMENT RECEIPT DATED 28.02.2009. EXT.P4 : A TRUE COPY OF THE PAYMENT RECEIPT DATED 31.07.2009. EXT.P5 : A TRUE COPY OF THE PAYMENT RECEIPT DATED 31.08.2009. EXT.P6 : A TRUE COPY OF THE PAYMENT RECEIPT DATED 05.10.2009. EXT.P7 : A TRUE COPY OF THE PAYMENT RECEIPT DATED 25.02.2010. EXT.P8 : A TRUE COPY OF THE PAYMENT RECEIPT DATED 05.04.2010. EXT.P9 : A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 28.02.2011 TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE MNS C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.7872 of 2011 ------------------------------------------- Dated this the 21st day of June, 2011 J U D G M E N T ---------------------- In view of the alternative and effective remedy provided under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), this court was not inclined to entertain this writ petition. However indulgence was shown in restraining the coercive steps of recovery, subject to condition of the petitioner remitting a sum of Rs.25,000/- on or before 31.3.2011. Subsequently the interim order was extended subject to imposition of condition for payment of a further sum of Rs.1 lakh in 2 equal monthly instalments on or before 30.4.2011 and 31.5.2011. 2. It is conceded that the petitioner had failed in complying with the conditions stipulated. Learned counsel appearing for the respondent Bank submitted that the 3rd respondent, who is the borrower, had already approached W.P.(C).7872/11 -2- the Debts Recovery Tribunal invoking Section 17(1). But she failed in complying with the condition imposed through an interim order passed by the said tribunal. 3. Under the above mentioned circumstances I am not inclined to entertain this writ petition any further, in order to exercise the discretionary jurisdiction vested on this Court in favour of the petitioner. Accordingly the writ petition is dismissed. C.K.ABDUL REHIM, JUDGE. okb