IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 WP(C).No. 30469 of 2010(G) -------------------------- PETITIONER(S): --------------- 1. K.NIRMALAKUMARI, W/O. J.SURLING, ASHA BHAVAN, UCHAKADA P.O., THIRUVANANTHAPURAM. 2. J.SURLING, S/O. JAMES, ASHA BHAVAN, UCHAKADA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.TOJAN J. VATHIKULAM SRI.GEORGE BRISTON SRI.V.P.PRASANTH RESPONDENT(S): --------------- THE AUTHORIZED OFFICER AND MANAGER, CAN FIN HOMES LIMITED (CFHL) (CANARA BANK), 1ST FLOOR, M.N.KRISHNA RAO ROAD, BASAVANAGUDI, BANGALORE HAVING BRANCH OFFICE AT NO.28/2452, GROUND FLOOR, M.G.ROAD, THIRUVANANTHAPURAM - 1. ADV. SRI.C.AJITH KUMAR GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J ------------------------------- WP(C) NO. 30469 OF 2010 ------------------------------------- Dated this the 29th day of November, 2010 JUDGMENT Proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is under challenge in this Writ Petition. The petitioner had not invoked any of the statutory remedies when the respondent had initiated steps as contemplated under Section 13 (2) of the Act. With respect to the proceedings under challenge, which is initiated invoking Section 14 (1) also, the petitioner has not approached the statutory authority. 2. However, as a gesture of indulgence this Court had stayed, dispossession of the petitioner from the property subject to condition of payment of a sum of Rs.1 lakh. In compliance of the said interim order dated 05.10.2010, the petitioner had remitted the amount. Subsequently the interim order was extended on 2 WP(C) No. 30469/2010 01.11.2010 imposing further condition for payment of a sum of Rs.75,000/- within three weeks thereon. It is submitted by both sides that the petitioner has not complied with the condition imposed. 3. Under the above circumstances, I am of the view that it is not proper or justified for this Court to interfere with the proceedings, especially in view of the decision of Supreme Court in United Bank of India Vs. Satyavati Tondon and others [2010 (8) SCC 110]. 4. Under the above circumstances, the Writ Petition is dismissed however without prejudice to rights of the petitioner if any available under law, to invoke statutory remedies against impugned proceedings. C.K. ABDUL REHIM JUDGE dnc