IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).No. 3338 of 2011(N) -------------------------------- CMP.3861/2010 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): ------------------- P.K.NANDAKUMAR PROP.M/S. KRISHNAMATHU INDUSTRIES HARI GOWRI , M.P.4/272 (B) SREE KRISHNA GARDENS MALAYINKIL PO,THIRUVANANTHAPURAM. BY ADVS. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENT(S): -------------------- 1. THE BANK OF INDIA PTP NAGAR BRANCH, TRIVANDRUM REPRESENTED BY ITS BRANCH MANAGER 695 001. 2. THE AUTHORISED OFFICER BANK OF INDIA ,MAIN BRANCH,TRIVANDRUM 695 001. R1 & 2 BY ADV. SRI.P.P.JOYI, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.3338 of 2011 ------------------------------- Dated this the 23rd day of February, 2011. J U D G M E N T Considering the effective alternative remedy available to the petitioner, this Court was not inclined to entertain this writ petition. However, as a gesture of indulgence, dispossession of the petitioner pursuant to the proceedings initiated under section 14(1) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) was stayed, subject to condition of the petitioner remitting a sum of ` 6 lakhs within 2 weeks from 4.2.2011. The petitioner had now filed I.A.No.2926 of 2011, praying for a direction to the respondents to release the documents relating to the mortgaged property, against payment of a sum of ` 13,09,536/- along with interest accrued till date. 2. In my considered opinion, the application filed without complying the condition stipulated by this Court could not be entertained. The petitioner is not supposed to 2 W.P.(C).No.3338 of 2011 put alternative suggestions in the place of a stipulation imposed by this Court and to seek any remedy on that basis. I find that the attitude of the petitioner in this regard is a total disrespect to the order issued by this Court. Hence, I am not inclined to entertain this writ petition any further. The writ petition is accordingly dismissed. C.K.ABDUL REHIM, Judge ami/