IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 1262 of 2011(G) -------------------------------------- PETITIONER(S): ----------------------- S. JAYA, W/O.ASOKAN, REVATHY, HOUSE NO.23/64 A, KILITHATTUMUKKU, JANARDHANAPURAM, VARKALA. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): -------------------------- 1. FEDERAL BANK LTD., REPRESENTED BY CHIEF MANAGER/AUTHORISED OFFICER, M.G.ROAD, TRIVANDRUM-695 001. 2. BRANCH MANAGER, FEDERAL BANK, VARKALA-686 141. R1 & R2 BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL), SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.1262 of 2011 ------------------------------------------- Dated this the 8th day of February, 2011 J U D G M E N T ---------------------- Challenge in this writ petition is against steps initiated under Section 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). It is noticed that on an earlier occasion the petitioner had approached this court and indulgence was shown in permitting to pay off the liability in 6 equal monthly instalments, starting from 30.3.2010 onwards, and this court also permitted the housing loan in question to be regularised by paying the amount in default in 2 equal monthly instalments on or before 10.3.2010 and 10.4.2010. 2. Eventhough this court was not inclined to entertain the writ petition under the above mentioned circumstances, as a gesture of further indulgence, dispossession was stayed through an interim order subject to condition of the petitioner remitting a sum of Rs.3 lakhs on or before 31.1.2011. It is conceded that the petitioner W.P.(C).1262/11 -2- has failed to comply with the said stipulation. 3. Under the above circumstances, I am not inclined to entertain this writ petition any further. However, it will be left open to the petitioner to approach the respondent Bank seeking time for payment of the amounts in a phased manner. 4. In the result the writ petition is dismissed with liberty reserved as stated above. C.K.ABDUL REHIM, JUDGE. okb