IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 19605 of 2009(U) ----------------------------------- PETITIONER : - ---------------------- C.M.SHAJAHAN, S/O MUHAMMED, CHENTHARA HOUSE, THOTTUMUGHAM POST, ALWAYE, ERNAKULAM DISTRICT. BY ADVS. SRI.T.M.JOSEPH SHYLAN SRI.V.K.PEER MOHAMED KHAN SRI.H.HAMSA RAWTHER RESPONDENTS : - ------------------------- 1. CENTRAL BANK OF INDIA, PERUMANOOR BRANCH, REPRESENTED BY ITS MANAGER, THEVARA P.O., ERNAKULAM. 2. THE AUTHORISED OFFICER, CENTRAL BANK OF INDIA, REGIONAL OFFICE, IST FLOOR, METRO PALACE, OPP. ERNAKULAM TOWN RAILWAY STATION, KOCHI-682 018. BY ADVS. SRI. DEVAN RAMACHANDRAN S.C FOR R1 & R2 SRI.K.M.ANEESH FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19605 of 2009(U) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE POSSESSION NOTICE ISSUED BY THE RESPONDENT UNDER SECTION 13 (4) OF THE SARFEASI ACT, 2002. EXT P2 : COPY OF THE REPLY / REQUEST LETTER SUBMITTED BY THE PETITIONER THROUGH THE ADVOCATE AGAINST THE POSSESSION NOTICE. EXT P3 : COPY OF THE NOTICE OF INTENDED SALE ISSUED BY THE 2nd RESPONDENT TO THE PETITIONER IN RESPECT OF THE PROPERTIES OF THE PETITIONER. RESPONDENTS' EXHIBITS; NIL. TRUE COPY P.A. TO JUDGE DMR/- S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 19605 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th day of November, 2011. J U D G M E N T On 21.10.2011, I passed the following order in this writ petition: “This writ petition comes up in the defect list today. The defect is that although notice was ordered on 13.7.2009, the petitioner did not take steps to take out notice to the 2nd respondent. Although the defect was notified, the petitioner did not take steps. Therefore, the matter was posted before the Registrar (Judicial) for defects on 4.4.2011. Before the Registrar (Judicial), it was submitted that steps have been taken during the week before. On verification, the Registry found that that was not correct. That is why the matter is posted before this Court for defects today. The petitioner seeks time to cure the defect. Time can be granted only on terms. Accordingly, one week's time is granted for curing the defect on condition that the petitioner pays an amount of Rs.500/- as costs to the Kerala Mediation Centre and produces proof of payment thereof within one week failing which the writ petition would stand dismissed for non-prosecution.” The registry reports that the petitioner has not produced receipt for payment of costs. Accordingly, this writ petition is dismissed for non-prosecution. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.