IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 27323 of 2010(M) ------------------------------------------ PETITIONER(S): ------------------------- 1. A.ABDUL KHADER, ALIPILLA VEEDU, PETTAH, PATHANAMTHITTA. 2. AJEEBA M. SAHIB, KALLUMPURAYIDAM, PETTAH, PATHANAMTHITTA. BY ADVS. SRI. K.SHAJ, SRI.SAJJU.S., SMT.C.R.SMITHA. RESPONDENT(S): --------------------------- SYNDICATE BANK, REPRESENTED BY ITS AUTHORISED OFFICER, REGIONAL OFFICE, THIRUVANANTHAPURAM, KERALA. BY ADV. SRI. R.S.KALKURA, SC,SYNDICATE BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2010 ALONG WITH WPC NO. 27347 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).Nos.27323 & 27347 of 2010 ------------------------------------------- Dated this the 22nd day of October, 2010 J U D G M E N T ---------------------- Petitioners in WP(C).No.27323/10 are husban and wife. The wife alone is the petitioner in WP(C).No.27347/10. The respondent is common in both these cases. Challenge in these writ petitions are against proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Consequent to default committed in repayment of loans availed by the petitioners, the respondent Bank had initiated coercive steps against the immovable property offered as security. Invoking provisions under Section 14(1) of the Act, the respondent Bank had approached the Chief Judicial Magistrate Court and an Advocate Commissioner was appointed to take over possession of the secured asset. 2. Eventhough the petitioners have not availed the statutory remedies against the proceedings, as a gesture of indulgence, this court stayed dispossession of the petitioners subject to condition of payment of Rs.2 lakhs in WP(C). No.27323/10 and Rs.1 lakh in WP(C).No.27347/10 on or before W.P.(C).27323 & 27347/10 -2- 25.9.2010. Subsequently I.A.13221/10 was filed in WP(C). No.27323/10 seeking extension of time for payment of the amount stipulated. In the affidavit filed in support of that petition, the petitioners averred that they are willing to remit a sum of Rs.4 lakhs on or before 15.10.2010. So also, the petitioner in WP(C).No.27347/10 had filed I.A.13306/10 offering payment of a sum of Rs.2 lakhs on or before 15.10.2010. On the basis of he affidavits filed as above, the petitioners were directed to make payment of the amounts offered, on or before 15.10.2010. Thereafter the case was posted on 18.10.2010 and on 20.10.2010. Eventhough the counsel represented that the petitioners had effected payments as directed by this court, it is revealed that no payment was made till today. 3. Under the above circumstances, I am not inclined to entertain these writ petitions any further, to consider challenges raised against the SARFAESI proceedings, especially in view of the effective alternate remedy available to the petitioners. 4. Therefore these writ petitions are dismissed without prejudice to rights, if any, available to the petitioners, to invoke statutory remedies before the appropriate authority. C.K.ABDUL REHIM, JUDGE. okb