IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 2459 of 2011(F) ------------------------- PETITIONER: ------------------- A.RAGHAVAN, AGED 38 YEARS, S/O.ELUMBAN, EDAVALAMOOLA, KODAVALAM, P.O.PULLUR. BY ADVS. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENTS: ---------------------- 1. THE MANAGER, NORTH MALABAR GRAMIN BANK, RAM NAGAR BRANCH, KASARAGOD-671 121. 2. THE RECOVERY OFFICER, NORTH MALABAR GRAMIN BANK, RAM NAGAR BRANCH, KASARAGOD-671 121. R1 BY ADVS. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KRK C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.2459 of 2011 ------------------------------------------- Dated this the 15th day of March, 2011 J U D G M E N T ---------------------- In this case, invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), possession of the immovable property, which is the secured asset, has already been taken over by the respondent Bank. The petitioner seeks indulgence of this court in permitting re-occupation, on the basis of an undertaking that the amount due will be cleared payment in a phased manner. 2. Eventhough this court was not inclined, an observation was made to the effect that the request for permitting re-occupation will be considered on the petitioner clearing payment of amounts overdue (defaulted amounts). For the said purpose the petitioner was given sufficient time. W.P.(C).2459/11 -2- 3. However, learned counsel for the petitioner conceded that the petitioner could not make payment of even the amounts in default. 4. Under the above mentioned circumstances I am not inclined to entertain this writ petition any further. The writ petition is accordingly dismissed. C.K.ABDUL REHIM, JUDGE. okb