IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 9444 of 2011(E) ------------------------------------- PETITIONER(S): ------------------------ 1. SIVARAMAN P.P., PANDIYATH HOUSE, NEDUPUZHA P.O., THRISSUR DISTRICT. 2. BINDU SIVARAMAN, W/O.SIVARAMAN P.P., PANDIYATH HOUSE, NEDUPUZHA P.O., THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENT(S): ------------------------ 1. AUTHORISED OFFICER, (UNDER SARFAESI ACT) THE FEDERAL BANK LTD., REGD.OFFICE, ALUVA - 01. 2. THE FEDERAL BANK LTD., REGD.OFFICE, ALUVA, REPRESENTED BY BRANCH MANAGER, PUZHAKKAL BRANCH, THRISSUR - 01. BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) SMT.LIZA P.CHERIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO. 9444/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELEVANT PAGES OF THE PASS BOOK OF THE PETITIONER EVIDENCING THE ABOVE FACTS. P2:- COPY OF THE NOTICE DTD. 16.11.2010 ISSUED BY THE IST RESPONDENT. P3:- COPY OF THE NOTICE WAS PUBLISHED IN MATHRUBUMI DAILY DTD. 21.11.2010. P4:- COPY OF THE NOTICE DTD. 16.3.2011 ISSUED BY THE ADVOCATE COMMISSIONER IN CRL.MP.1289/2011 IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, THRISSUR. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.9444 of 2011 ------------------------------- Dated this the 30th day of June, 2011. J U D G M E N T Considering the effective statutory remedy provided under Section 17(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), this Court was not inclined to entertain this writ petition. However, dispossession of the petitioner was directed to be kept in abeyance, subject to condition of the petitioners remitting a sum of Rs.2,50,000/- in two equal instalments, falling due on or before 30.4.2011 and 20.5.2011. Subsequently, on the basis of an application made by the petitioner, time stipulated for payment was extended till 25.6.2011, making it clear that no further extension will be granted under any circumstances and on failure the writ petition will be dismissed. 2. It is conceded that, inspite of the extension granted, the petitioners have failed to remit the amounts stipulated. Under such circumstances, I am not inclined to entertain 2 W.P.(C).No.9444 of 2011 this writ petition any further in order to exercise the discretionary jurisdiction vested on this Court, in favour of the petitioners. Accordingly, the writ petition is dismissed. C.K.ABDUL REHIM, Judge ami/