IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 33265 of 2006(I) -------------------------- PETITIONERS: --------------- 1. KARTHIKEYA PANICKER, ADVOCATE, S/O.KRISHNA PANICKER, MAHALEKSHMI, PANICKERS AVENUE, LFC ROAD, KALOOR, KOCHI-682 017. 2. MRS.DAYA KARTHIKEYA PANICKER, W/O.K.KARTHIKEYA PANICKER, MAHALEKSHMI, PANICKERS AVENUE, LFC ROAD, KALOOR, KOCHI-682 017. BY ADV. MR.P.R.VENKITESH RESPONDENTS: --------------- 1. STATE BANK OF INDIA, ERNAKULAM, BROADWAY BRANCH, COCHIN-31, REPRESENTED BY ITS PRESENT ASST.GENERAL MANAGER. 2. THE CHIEF AUTHORISED OFFICER, STATE BANK OF INDIA, SARC, ERNAKULAM. ADV. MR.V.B.JINNAH FOR R.2 MR.V.B.JINNAH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------- W.P.(C).No.33265 of 2006 - I --------------------------------- Dated this the 6th day of April, 2009 J U D G M E N T The proceedings pursued by the respondents/bank as per Exts.P6 and P8 under the SARFAESI Act are subjected to challenge in this writ petition. 2. When the above matter came up for consideration before this Court, an interim order of stay was granted on 14.12.2006, which was subsequently modified on 2.3.2007 directing the petitioners to deposit an amount of Rs.2 Lakhs on or before 29.3.2007, another 2 Lakhs on or before 30.4.2007 and yet another 2 Lakhs on or before 31.5.2007. Subsequently, the interim order was extended as per various orders, giving a further direction on 13.7.07 to deposit Rs.2 Lakhs again. 3. It appears that the petitioners, aggrieved by the subsequent conditions imposed, took up the matter by filing W.A.No.1959/2007. When the matter came up for consideration before the Division Bench, the issue was reported as settled between the parties. Accordingly, the writ appeal was disposed W.P.(C).No.33265 of 2006 - I 2 of as infructuous. In view of the said position, nothing remains further to be considered in the writ petition. It is accordingly closed, in view of the judgment in W.A.No.1959/2007. P.R.RAMACHANDRA MENON, JUDGE. bkn/-