IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 11552 of 2005(A) -------------------------- PETITIONER(S): --------------- SANTHOSH J.KAPPEN, KAPPIL HOUSE, POOVARANI, EDAMATTOM P.O.,KOTTAYAM. BY ADV. SRI.MATHEWS J.NEDUMPARA SRI.BIMAL K.NATH RESPONDENTS: --------------- 1. KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD. KOTTAYAM, REPRESENTED BY ITS GENERAL MANAGER. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. 3. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. BY ADV. SRI.T.R.RAMACHANDRAN NAIR, SC, DCB, KTM BY GOVERNMENT PLEADER ADV.SMT. R. BINDU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 11552 OF 2005 ......................................................................... Dated this the 8th February , 2011 J U D G M E N T The steps taken by the respondent Bank resorting to the provisions under the SARFAESI Act, notwithstanding the proceedings pursuant to filing of ARC No.41/96 for realisation of the amount due under a loan transaction, were sought to be challenged by the petitioner by filing the above Writ Petition. 2. When the matter came up for consideration before this Court on 06.04.2005, coercive steps were intercepted on condition that the petitioner satisfied a sum of ` 8,00,000/- ( Rupees eight lakhs only) within one week, making it clear that the interim order would stand vacated automatically, if the condition was not satisfied. The petitioner did not choose to satisfy the condition, as taken note of by this Court on 04.07.2005 and also on 22.08.2005, whereby it was made clear that no interim order of stay was in existence. W.P.(C) No. 11552 OF 2005 2 3. When the matter is taken up today for final hearing, there is no representation for the petitioner. It appears that the petitioner is no more interested in the cause of action projected in the Writ Petition. The Writ Petition is dismissed for default/non prosecution. P.R. RAMACHANDRA MENON, JUDGE. lk