IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WP(C).No. 32619 of 2010(B) --------------------------------------- PETITIONERS: --------------------- 1. CHANDRAN,S/O.KRISHNAPANDARAM, ERATTACHALLA,MANNIYODE P.O,PATTANCHERRY, PALAKKAD DISTRICT. 2. ANHAMMAL,W/O.KRISHNAPANDARAM, ERATTACHALLA P.O,PATTANCHERRY,PALAKKAD. 3. MADANMOHAN,S/O.CHANDRAN,DO. DO. DO. BY ADV. SRI.SUBHASH CYRIAC. RESPONDENTS: ------------------------ 1. STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLECTOR,PALAKKAD.P.O- 678 001. 2. THE DEPUTY TAHSILDAR,REVENUE RECOVERY, CHITTUR,PALAKKAD DISTRICT, PALAKKAD P.O – 678 001. 3. THE CANARA BANK,REPRESENTED BY ITS BRANCH MANAGER,MEENAKSHIPURAM BRANCH,PALAKKAD DISTRICT, - 678 002. R3 BY ADVS. SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.P.GOPINATH MENON, SRI.S.RAMU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 32619 of 2010 --------------------------------- Dated this the 9th day of December, 2010 JUDGMENT Proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) is under challenge in this writ petition. In view of the alternate remedy available, this court was not inclined to entertain this writ petition. However, based on the submission made by counsel for the petitioners that they are ready to pay off the liability, indulgence was shown in granting interim stay against further steps, subject to condition of the petitioners remitting a sum of Rs.1,00,000/-. The said interim order was issued on 26.10.2010. Thereafter the case was posted on various dates. Today when the matter was taken up, there is no representation for the petitioners. Learned counsel appearing for the respondent Bank submitted that interim order has not been complied with till date. Under the above circumstances the writ petition is dismissed for default. pmn/ C.K.ABDUL REHIM,JUDGE WP(C) .34968/2010 2