IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 2791 of 2011(Y) ------------------------- PETITIONER(S): --------------- JOHN Y, AGED ABOUT 48 YEARS S/O.YOHANNAN, SHINE STAR, PARASUVAIKAL, PARASSALA PO, THIRUVANANTHAPURAM. BY ADV. SMT.M.R.JAYALATHA RESPONDENT(S): --------------- 1. THE ORIENTAL BANK OF COMMERCE M.G.ROAD, THIRUVANANTHAPURAM - 695 001, REP BY ITS CHIEF MANAGER, SRI.V.M.SUNDARESWARAN, S/O.VENKIDACHALAM . 2. SMT. FATHIMA BEEVI, TC.42/928 (2) HAYAR SREEVARAHAM, THIRUVANANTHAPURAM - 695 001. M/S. FOR THE PEOPLE READY MADE WORLD ADV. SRI.N.SASI FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.2791 of 2011-Y ---------------------------------------- Dated this the 17th day of March, 2011. J U D G M E N T Considering the effective alternative remedy available under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), this Court was not inclined to entertain this writ petition. However, dispossession of the petitioner from the residential property was stayed, as a gesture of indulgence, subject to condition of the petitioner remitting a sum of `2,50,000/- within three weeks from 28.1.2011. 2. Subsequently, on the basis of an application seeking extension filed by the petitioner, time for compliance of the interim order was extended till 15.3.2011. 3. When the matter was taken up on today, it is conceded that the petitioner has not complied with the condition. Hence I am not inclined to entertain this writ petition any further. However, rights if any available to the petitioner to invoke statutory remedy is reserved. In the result, the writ petition is dismissed without prejudice to rights if any, available to the petitioner to invoke statutory remedy. C.K.ABDUL REHIM, JUDGE