IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 34754 of 2010(T) --------------------------------------- PETITIONER(S): ------------------------- B.SANAL KUMAR S/O. BALAKRISHNAN, AGED 46, TC 38/1133 SABAPATHY COIL STREET, CHALAI, THIRUVANANTHAPURAM. BY ADVS. SRI.M.RAMASWAMY PILLAI, SRI.P.M.JOSEPH. RESPONDENT(S): ---------------------------- 1. ALLAHABAD BANK, GAYATRI BUILDING, POWER HOUSE ROAD, THIRUVANANTHAPURAM REP. BY ITS CHIEF MANAGER. 2. THE AUTHORISED OFFICER, ALLAHABAD BANK, POWER HOUSE ROAD, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.K.THYAGARAJESWARAN, SC, ALLAHABAD BANK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 10/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34754/2010 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF STATEMENT OF ACCOUNTS ISSUED BY THE 1ST RESPONDENT. P2: COPY OF NOTICE DTD. 14/8/10 ISSUED UNDER SARFAESI ACT. P3: COPY OF STATEMENT OF ACCOUNTS FROM 01/04/10 TO 25/10/10. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.34754 of 2010 ------------------------------------------- Dated this the 10th day of February, 2011 J U D G M E N T ---------------------- The challenge raised in this writ petition is against steps initiated under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Considering availability of effective alternative remedy, this court was not inclined to entertain the writ petition. However, as a gesture of indulgence, dispossession was stayed subject to condition of the petitioner remitting a sum of Rs.1,50,000/-, within three weeks from 19.11.2010. Inspite of lapse of nearly three months thereafter, it is conceded that the condition has not been complied with in full. 2. Under the above circumstances I am not inclined to entertain this writ petition any further. However, statutory remedy if any available to the petitioner is left open. 3. 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. okb