IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 30621 of 2010(C) --------------------------------------- PETITIONER: ------------------- ANIL KUMAR M.K., S/O.KESAVA PILLAI, AGED 41 YEARS, MOOPPUKANDATHIL, MANGARAM, PANDALAM P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.B.SREEKUMAR. RESPONDENTS: ------------------------ 1. THE AUTHORISED OFFICER, SOUTH INDIAN BANK, REGIONAL OFFICE, KAKKANTTU APARTMENTS, ST.PETER'S JUNCTION, PATHANAMTHITTA, PIN – 689 645. 2. THE BRANCH MANAGER, SOUTH INDIAN BANK, PANDALAM BRANCH, PIN – 689 501. R1 & R2 BY ADV. SRI.GEORGE VARGHESE,S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.30621 of 2010 ------------------------------------------- Dated this the 14th day of December, 2010 J U D G M E N T ---------------------- The writ petition is filed challenging coercive steps of recovery initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), consequent to default committed in repayment of monthly instalments in a loan account availed by the petitioner from the respondent bank. By virtue of an interim order, dispossession of the petitioner from the property was stayed subject to condition of the petitioner remitting a sum of Rs.75,000/-. It is now submitted that the petitioner had already remitted the entire amount in default and that the respondent bank had permitted the petitioner to regularise the loan account and to continue payment of future instalments as per the original schedule. 2. In view of the above fact no further relief is required in the writ petition. Therefore the writ petition is dismissed as infructuous. 3. It is made clear that both parties are at liberty to work out remedies as provided under the statute, in case there is any default with respect to payment of future monthly instalments. C.K.ABDUL REHIM, JUDGE. W.P.(C).30621/10- -2- okb