IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 14440 of 2011(D) -------------------------- CRMP.1374/2011 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER: --------------- TONY THOMAS, VITHAYATHIL HOUSE, P.O.EDAPPALLY, KOCHI - 682 024. BY ADV. MR. P.VIJAYAKUMAR RESPONDENTS: --------------- 1. THE CHIEF MANAGER, FEDERAL BANK, KALAMASSERY BRANCH, P.O.KALAMASSERY PIN-683101 2. SHAMEER P.O. (ADVOCATE COMMISSIONER IN CRLM.P.NO.1374/2011, OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM), ADVOCATE, ERNAKULAM.PIN- 682011 R1 BY ADV. MR. A.ANTONY SMT.LEELAMMA ANTONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14440 of 2011(D) APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- P1:- TRUE COPY OF THE NOTICE ISSUED BY THE AUTHORISD OFFICER UNDER SECTION 13(4) OF THE SARFAESI ACT. P2:- TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER. P3:- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPPONDENT'S EXHIBITS :- NIL //TRUE COPY// PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No. 14440 OF 2011 ---------------------------------------------- Dated this the 4th day of July, 2011 JUDGMENT The petitioner is a defaulter in repayment of loan amounts due from him to the 1st respondent bank. The bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act for recovery of the defaulted amount. The petitioner is challenging the same. This Court passed the following interim order on 27.5.2011; “Not admitted. Urgent notice to first respondent on admission by speed post returnable within 10 days. Meanwhile the petitioner shall not be dispossessed pursuant to Ext.P2 notice if not already dispossessed subject to the condition of the petitioner on remitting a sum of Rs.20 lakhs on or before 15.06.11”. A further order was passed on 21.6.2011 as follows: “I.A. 9440/2011 Extension sought for is stiffly opposed by the learned counsel appearing for the respondent Bank, contending that the total amount due is more than Rs.1.34 crores. Learned counsel for the petitioner submitted that certain amounts were already paid subsequent to the interim order and certain cheques were given for collection. Under such circumstances, I am inclined to grant a short extension for payment of W.P.(C)No.14440/11 2 the balance amount till 30.6.2011 making it clear that no further extension will be granted under any circumstance and on failure the writ petition will be dismissed.” Admittedly the petitioner has not complied with the conditions in the interim orders. The learned counsel for the petitioner, today, submits that he has no further instructions from the party also. In the above circumstances, this writ petition is dismissed for non-prosecution. S. SIRI JAGAN, JUDGE acd W.P.(C)No.14440/11 3