IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 9670 of 2011(G) -------------------------------- PETITIONER(S): ------------------- PRATHEESH THOMAS, AGED 30 YEARS, S/O THOMAS, NADUMUTTATHIL HOUSE, VARAPPUZHA, PARAVUR TALUK, ERNAKULAM DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): -------------------- 1. THE SOUTH INDIAN BANK LTD REGIONAL OFFICE, THRISSUR, REP BY THE BRANCH MANAGER, ROUND SOUTH, THRISSUR - 690 001. 2. THE AUTHORIZED OFFICER, SOUTH INDIAN BANK LTD,REGIONAL OFFICE, ROUND SOUTH, THRISSUR - 690 001. R2 BY ADV. SRI.K.K.JOHN,SC,SOUTH INDIAN BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.9670 of 2011 ------------------------------------------- Dated this the 31st day of May, 2011 J U D G M E N T ---------------------- In view of the statutory 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, as a gesture of indulgence, dispossession of the petitioner from the property was stayed subject to condition of payment of a sum of Rs.6 lakhs within one month from 29.3.2011. It is conceded that, in spite of lapse of more than 2 months, the stipulation has not been complied with. 2. Under the above mentioned circumstances I am not inclined to entertain this writ petition any further. However, rights if any available to the petitioner to challenge the proceedings by invoking statutory remedy will stand reserved. It is also made clear that the petitioner will be at liberty to approach the respondent seeking settlement of payment by way of instalment or by seeking 'One Time Settlement' on waiver of amount to any possible extent. W.P.(C).9670/11 -2- 3. Hence, the writ petition is dismissed without prejudice to rights and liberties of the petitioners as mentioned above, if any available. C.K.ABDUL REHIM, JUDGE. okb