IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 29167 of 2008(V) ------------------------------------ CRMP.704/2008 of C.J.M.,THRISSUR PETITIONER: ------------------- SUBAIDA, W/O.IZAKUTTY HAJI, RAYMARAKKAR VEETTIL, PAVARATTY P.O THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): ------------------------ 1. THE AUTHORIZED OFFICER, CHIEF MANAGER (ADVANCES), STATE BANK OF TRAVANCORE, THRISSUR MAIN BRANCH, THRISSUR. 2. N.A.SALIM, S/O.MOOSA ABDUL RAHMAN, KOLADI HOUSE, NELAKATHUVADAKKAYIL, VATANAPPILLY, THRISSUR. 3. R.V.MOHAMMED AYUB, S/O.IZAKUTTY HAJI, RAYAMARAKKAR VEETTIL, PAVARATTY P.O., THRISSUR DISTRICT. 4. IZATH AYUB, W/O.MOHAMMED AYUB, RAYAMARAKKAR VEETTIL, PAVARATTY P.O. THRISSUR DISTRICT. 5. THE RECOVERY OFFICER, OFFICE OF RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL (KERALA & LAKSHADWEEP) 8TH FLOOR, KSHB BUILDING, PANAMPILLY NAGAR, KOCHI. ADV. SRI.M.PATHROSE MATTHAI (SR.) FOR R1 SRI.SAJI VARGHESE, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------------------------ W.P.(C) NO.29167 OF 2008 (V) ------------------------------------------------------------------------ Dated this the 6th day of October, 2008 J U D G M E N T Respondent Nos.2 to 4 availed certain facilities from the respondent No.1 and faced proceedings before the DRT as O.A. No.131/2007. They had filed writ petition and obtained Exhibit P3 judgment on 30-1-2008 when SARFAESI Act proceedings were initiated. Even before that, W.P.(C) 28024/2007 was filed. In that case, there was an interim order directing stay on condition of deposit of Rs.5 lakhs in two instalments. That was not complied with. This led to the disposal of W.P.(C) No.28024/2007. Yet while issuing Ext.P3 judgment, it was directed that if an amount of Rs.15 lakhs is paid within a period of three weeks and a further amount of Rs.10 lakhs within another three weeks, the sale shall stand deferred. Though as per Exhibit P4 judgment against Exhibit P3, the Division Bench granted leave to the appellants therein to withdraw the writ appeal filed against Exhibit P3 judgment with liberty to approach the Single Judge, there is nothing on record to show that such exercise was resorted to. It is submitted by the learned counsel for the bank, that later Criminal R.P.No.1726/2008 was filed before this Court challenging the proceedings under Section 14 of the SARFAESI Act and on the ground of jurisdiction W.P.(C) No.29167/2008 2 and other attendant grounds. That was also dismissed. With the finality of the aforesaid proceedings, I do not find any ground to aid the petitioner who claims that she is in possession of a portion of the building in question and would be dispossessed. The writ petition fails and the same is accordingly dismissed. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/7/10 // True copy // P.A. to Judge.