IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 8800 of 2007(V) ------------------------------------- PETITIONERS: --------------------- 1. S.MOHAN, S/O V.SREEDHARAN, PROPRIETOR, M/S MOHAN COIR WORKS, MOHANAM, COONAYIL, POOTHAKULAM VILLAGE, PARAVOOR, KOLLAM DISTRICT. 2. MR. SHEELA MOHAN, W/O S.MOHAN, M/S MOHAN COIR WORKS, MOHANAM, COONAYIL, POOTHAKULAM VILLAGE, PARAVOOR, KOLLAM. BY ADV. SRI.GOVIND K.BHARATHAN, SRI.N.RATHEESH, SRI.PRABIN BABU. RESPONDENT: ---------------------- THE STATE BANK OF INDIA, COMMERCIAL BRANCH, KOLLAM, REPRESENTED BY THE ASSISTANT GENERAL MANAGER. BY ADV. SRI.R.S.KALKURA, S.C, S.B.I. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8800/2007-V: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE REPRESENTATION DTD. NIL. SUBMITTED BY THE PETITIONERS TO THE RESPONDENT. EXT.P.2: COPY OF THE NOTICE DTD. 23/09/2006 ISSUED BY THE RESPONDENT TO THE PETITIONERS. EXT.P.3: COPY OF THE LETTER DTD. 01/06/2004 ISSUED BY THE GRAMA PANCHAYAT. EXT.P.4: COPY OF THE VIVAHA PATHRIKA ISSUED BY THE S.N.D.P. YOGAM DTD. NIL. EXT.P.5: COPY OF THE MARRIAGE INVITATION CARD. EXT.P.6: COPY OF THE POSSESSION NOTICE DTD. 09/03/2007 ISSUED BY THE RESPONDENT. EXT.P.7: COPY OF THE APPEAL FILED BY THE PETITIONERS BEFORE THE D.R.T. EXT.P.8.A: COPY OF THE I.A. FILED BY THE PETITIONERS ALONGWITH EXT.P.7. EXT.P.8.B: COPY OF THE I.A. FILED BY THE PETITIONERS ALONGWITH EXT.P.7. RESPONDENT'S EXHIBITS: EXT.R(A): COPY OF THE NOTICE DTD. 24/05/2006. EXT.R(B): COPY OF THE RETURNED COVER OF THE NOTICE DTD. 24/05/2006. EXT.R(C): COPY OF THE NOTICE DTD. 11/07/2006. EXT.R(D): COPY OF THE CERTIFICATE OF POSTING FOR THE ISSUANCE UNDER THE CERTIFICATE OF POSTING AND THE COPY OF THE RETURNED COVER OF THE NOTICE 24/05/2006. EXT.R(E): COPY OF THE LEGAL NOTICE DTD. 11/08/2006. EXT.R(F): COPY OF THE REPLY RECEIVED ON 01/09/2006. EXT.R(G): COPY OF THE NOTICE UNDER SECTION 13(2) OF THE SAFRAESI ACT, DTD. 23/09/2006 ISSUED BY THE RESPONDENT TO THE PETITIONER. W.P.(C). NO.8800/2007-V: EXT.R(H): COPY OF THE POSTAL ACKNOWLEDGEMENT INDICATING THE RECEIPT OF THE SAID NOTICE DTD. 23/09/2006. EXT.R(I): COPY OF THE LETTER DTD. 23/10/2006 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.R(J): COPY OF THE DTD. 09/03/2007 UNDER SECTION 14 OF THE SARFAESI ACT. EXT.R(K): COPY OF THE DOCUMENTS PERTAINING TO TAKING POSSESSION THROUGH THE DISTRICT COLLECTOR AS CONTEMPLATED UNDER SECTION 14 OF THE ACT. EXT.R(L): COPY OF THE APPLICATION DTD. 28/03/2007 FOR ONE TIME SETTLEMENT. EXT.R(M): COPY OF THE LETTER DTD. 26/06/2007 ISSUED BY THE RESPONDENT. EXT.R(N): COPY OF THE LETTER DTD. 12/07/2007 ISSUED BY THE PETITIONER TO THE RESPONDENT. EXT.R(O): COPY OF THE UNDERTAKING AND DECLARATION GIVEN BY THE PETITIONER. //TRUE COPY// prv. ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 8800 of 2007 ------------------------------------- Dated: February 11, 2008 JUDGMENT In this writ petition filed challenging the proceedings initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, conditional interim orders were passed and it is not in dispute that none of those orders have been complied with even as on today. By the order dt. 14.1.2008 the Bank was permitted to take symbolic possession and four weeks time also was granted to the petitioners to vacate. Even today the position remains that no payment has been made. In view of this I do not think that there is any scope for showing further leniency to the petitioners. On merits also I do not find that there is any substance in the challenge raised against the proceedings by the bank. The petitioners being confessed defaulters, the bank cannot be faulted for the action it has taken. Writ petition has only to be dismissed and I do so. ANTONY DOMINIC, JUDGE mt/-