IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 14310 of 2010(K) -------------------------- CM. NO.883/2009 of C.J.M.,KOLLAM .................... PETITIONER: --------------- BINUKUMARAN NAIR,S/O.N.VASUDEVAN NAIR, AGED 36 YEARS,SREE DEVI VILASOM,PANTHAPLAVU, PATTAZHI.PO,PATHANAPURAM,KOLLAM DISTRICT. BY ADV. SRI.SHAJI P.CHALY RESPONDENT(S): --------------- 1. THE CATHOLIC SYRIAN BANK LTD,HAVING ITS REGISTERED OFFICE AT THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE BRANCH MANAGER,CATHOLIC SYRIAN BANK LTD.,PUNALUR BRANCH,PUNALUR. 3. THE AUTHORISED OFFICER,DEPUTY ZONAL MANAGER,OPERATIONS,CATHOLIC SYRIAN BANK LTD., PUNALUR BRANCH,PUNALUR. SRI. B.S. KRISHNAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 14310 OF 2010 -------------------------------------------- Dated this the 10th day of August, 2010 JUDGMENT The petitioner is challenging the steps taken by the respondent Bank under the SARFAESI Act for realization of the amount stated as due under a loan transaction. 2. When the matter came up for consideration before this Court on 04.05.2010, coercive proceedings were intercepted on condition that the petitioner deposited a sum of Rs.1,00,000/- on or before 19.05.2010. The matter was adjourned several times thereafter and it was posted on 30.07.2010 when the learned counsel for the petitioner that the petitioner would bring a DD for the aforesaid sum on 04.08.2010 and accordingly, the case was adjourned to that date. No compliance was reported on that day and the position continues today as well. In the above circumstances, this Court finds that this is not a fit case so as to invoke the discretionary jurisdiction under Article 226 of the Constitution of India. Interference is declined and the Writ Petition is dismissed; however without prejudice to the rights and liberties of the petitioner to avail the statutory remedy in accordance with law. P.R.RAMACHANDRA MENON JUDGE dnc