IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 18484 of 2009(E) -------------------------- PETITIONERS: -------------------- 1. JOJY VASU, PARVATHY MANDIRAM(NANDANAM), UDAYAGIRI, NEAR ELANJIKKAL TEMPLE, SREEKARYAM P.O., THIRUVANANTHAPURAM. 2. SANGEETHA JOY, PARVATHY MANDIRAM(NANDANAM), UDAYAGIRI, NEAR ELANJIKKAL TEMPLE, SREEKARYAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.A.DINESH RAO RESPONDENTS: ---------------------- 1. THE AUTHORISED OFFICER/CHIEF MANAGER, ICICI BANK LTD., RETAIL ASSET DIVISION, IST FLOOR, FELICITY SQUARE, OPP.ACCOUNTANT GENERAL'S OFFICE, STATUE JUNCTION, THIRUVANANTHAPURAM - 695 011. * ADDL. R2 IMPLEADED. ADDL.R2: THE ICICI BANK LTD, RREPRESENTED BY ITS CHIEF MANAGER, RETAIL ASSET DIVISION, 1ST FLOOR, FELICITY SQUARE, OPP.ACCOUNTANT GENERAL'S OFFICE, STATUE JUNCTION, THIRUVANANTHAPURAM - 695 011. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 24.7.2009 IN I.A.9000/09. R1 BY ADV. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SMT.SHEENA SAMUEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/09/2009, THE COURT ON 18/09/2009 DELIVERED THE FOLLOWING: WP(C).No. 18484 of 2009(E) APPENDIX PETITIONERS' EXHIBITS: P1 : COPY OF THE NOTICE DATED 3.4.2009 ISSUED BY THE RESPONDENT TO THE PETITIONERS. P2 : COPY OF THE REPRESENTATION DATED 6.6.2009 SUBMITTED BY THE PETITIONERS TO THE RESPONDENT. P3 : COPY OF THE ACKNOWLEDGEMENT CARD SHOWING RECEIPT OF EXT.P2 BY THE RESPONDENT. P4 : COPY OF THE RECEIPT SHOWING REMITTANCE OF AN AMOUNT OF RS.1,00,000/- ISSUED IN FAVOUR OF THE PETITIONERS. RESPONDENTS' EXHIBITS: N I L // TRUE COPY // P.A. TO JUDGE. app/- C.K.ABDUL REHIM, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No. 18484 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of September, 2009 J U D G M E N T 1. Challenge in this writ petition is against proceedings initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) against the immovable properties of the petitioner, which are the secured assets with respect to a loan availed from the respondent Bank, re-payment of which is defaulted. Through an interim order of this Court dated 2.7.2009, all further proceedings pursuant to Ext.P1 notice was stayed on condition of the petitioner remitting a sum of Rs.2,50,000/-, within three weeks. Thereafter petitioner filed I.A.No.9001/2009 seeking enlargement of time for complying with the said condition, submitting that he had already paid an amount of Rs.1 lakh. This court was inclined to enlarge the time for a further period of one month from 24.7.2009. It is now submitted that, inspite of W.P(C) No. 18484 of 2009 2 the extension granted by this court, the balance amount is not paid so far. 2. Under the above circumstances, learned counsel for the petitioner sought permission to withdraw the writ petition without prejudice to their rights if any available, under the provisions of the SARFAESI Act to approach the appellate authority. 3. Hence the writ petition is dismissed as withdrawn without prejudice to rights if any available to the petitioner to approach the appellate authority under the statute. C.K.ABDUL REHIM JUDGE app/-