IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 28805 of 2008(D) ------------------------------------- PETITIONER: ------------------ MRITHULA JAYADEEP, AGED 34 YEARS, W/O. JAYADEEP, PALLIPARABIL HOUSE, KOVILAKATHUMKADAVU, PALLIPORT POST. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): ------------------------ 1. ASSISTANT GENERAL MANAGER, AUTHORISED OFFICER, BANK OF BARODA, ALUVA. 2. BRANCH MANAGER, BANK OF BARODA, ALUVA. 3. MR.SIVASANKARAN P. S/O. SRI.RAGHURAMA MENON, FLAT NO.3-A (2)STAR PARK, VYTTILA, KOCHI 682019 4. MR. JOY MATHEW.K., S/O. SRI.K.V.MATHEW, FLAT NO.2-A(4), STAR PARK, VYTTILA, KOCHI 682019. ADV. SRI.DEVAN RAMACHANDRAN FOR R1 SRI.SUMESH KUMAR N.C. FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.28805 OF 2008 (D) ------------------------------------------------------ Dated this the 20th day of October, 2008 J U D G M E N T Read the order dated 26-9-2008 issued at the stage of admission. Though the petitioner was required to demonstrate her bonafides by depositing Rs.10 lakhs, she states that respondents 4 and 5, the principal borrowers, have deposited Rs.4.5 lakhs. As already recorded in that order, the materials on record apparently show that the petitioner had offered a collateral security in her own interest and there is no reason why discretionary jurisdiction of this Court should be extended to the petitioner to preserve the property. If respondents 3 and 4 come to the aid of the petitioner to pay a portion of the property, they could be persuaded by the petitioner to pay remaining portion also. I do not find any jurisdictional error or legal infirmity in the impugned proceedings. The writ petition fails and the same is accordingly dismissed. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/23/10 // True copy // P.A. to Judge.