IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 33946 of 2010(P) --------------------------------------- PETITIONER(S): ---------------------- JAYAPRAKASH V., 42 YEARS, S/O.VELAPPAN NAIR, MOORTHY VIHAR, MALAYANKEEZH, THIRUVANANTHAPURAM. BY ADV. SRI.A.F.SEBASTIAN RESPONDENT(S): -------------------------- UCO BANK REPRESENTED BY THE AUTHORISED OFFICER/CHIEF MANAGER, QUILON BRANCH, KOLLAM DISTRICT. BY ADV. SRI.P.V.SURENDRANATH, SC FOR UCO BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.33946/2010 J U D G M E N T Learned counsel for the petitioner seeks permission to withdraw the Writ Petition without prejudice to his rights to invoke statutory remedy. Permission is granted. Writ Petition is dismissed as withdrawn subject to rights if any available to the petitioner to invoke statutory remedy. 08/03/2011 SD/- C.K.ABDUL RAHIM, JUDGE /TRUE COPY/ P.S.TO.JUDGE sts C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.33946 of 2010 ------------------------------------------- Dated this the 15th day of December, 2010 J U D G M E N T ---------------------- Challenge in this writ petition is against the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). In view of effective alternative remedy provided under the statute this court was not inclined to entertain the writ petition. However, as a gesture of indulgence, when the matter came up for consideration on 10.11.2010 this court directed not to finalise the sale on the basis of the proclamation issued subject to condition of the petitioner remitting a sum of Rs.3 lakhs within three weeks thereof. It is submitted by the learned counsel for the respondent bank that the petitioner had not complied with the condition in full till date. It is noticed that on 13.12.2010 and today also, when the matter was taken up for consideration, there was no representation for the petitioner. Under the above circumstances the writ petition is dismissed for default. C.K.ABDUL REHIM, JUDGE. okb