IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 37755 of 2009(L) -------------------------- CMP.3299/2009 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): --------------- RETNA SAM RAJ, AYIRAL VILA, VP NIVAS, KAKKAMOOLA, KALLIYOOR P.O., KUTTICHAL, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SRI.A.S.ANILKUMAR RESPONDENT(S): --------------- 1. THE AUTHORIZED OFFICER, (THE ASST.GENERAL MANAGER) UNION BANK OF INDIA UNION BANK OF INDIA, REGIOANL OFFICE, THIRUVANANTHAPURAM. 2. THE UNION BANK OF INDIA, REPRESENTED BY ITS CHIEF MANAGER, UNION BANK BLDG., P.BOX NO.307, M.G.ROAD, STATUE, THIRUVANANTHAPURAM. ADV. SRI.K.S.AJAYAGHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 37755 of 2009 ---------------------------------------- Dated, this the 21st day of January, 2010 J U D G M E N T The petitioner is challenging the coercive steps pursued by the respondent Bank invoking the power under the SARFAESI Act. When the matter came for consideration before this Court on 30.12.2009, an interim order was passed, intercepting the coercive steps, subject to the condition that the petitioner paid a sum of Rs.1,25,000/- on or before 15.01.2010. The learned counsel for the respondent Bank submits that the condition imposed by this Court has not been complied with by the petitioner, which is endorsed as correct by the learned counsel for the petitioner as well. 2. In the above facts and circumstances, this Court does not find it as a fit case to exercise the discretionary jurisdiction of this Court under Article 226 of the Constitution of India. Accordingly, interference is declined and the Writ Petition is dismissed, however without prejudice to the right of the petitioner to challenge the proceedings by resorting to the statutory remedy, if aggrieved in any manner. P. R. RAMACHANDRA MENON JUDGE dnc