IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 9003 of 2010(A) ------------------------- PETITIONER(S): --------------- 1. P.G.RAJESHKUMAR, AGED 38 YEARS, S/O.LATE GOPALAN, PUNNACKAL HOUSE, PUTHUVYPE P.O., VYPIN, ERNAKULAM DISTRICT. 2. GLARIS RAJESH, AGED 38 YEARS, WIFE OF RAJESHKUMAR, PUNNACKAL HOUSE, PUTHUVYPE P.O., VYPIN, ERNAKULAM DISTRICT. BY ADV. SRI.KISHOR B. RESPONDENT(S): --------------- AUTHORISED OFFICER, FEDERAL BANK LTD., REGIONAL OFFICE, ERNAKULAM. ADV. SRI.A.ANTONY SMT.LEELAMMA ANTONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------ W.P.(C)No. 9003 OF 2010 ------------------------ Dated this the 8th day of April, 2010 JUDGMENT The challenge involved in the Writ Petition is in respect of the steps taken by the respondent bank under the SARFAESI ACT for realisation of the amount due from the petitioners under a loan transaction. When the matter came up for consideration before this Court on 18/3/2010, the coercive steps were intercepted, on condition that the petitioners pay a sum of Rs.3,00,000/- on or before 30/3/2010. 2. The learned Standing Counsel for the respondent bank submits on instructions that the petitioners have failed to satisfy the condition imposed by this Court in the interim order and there is no petition to have the time for complying the condition enlarged. In the above circumstances, this Court does not find it necessary to exercise the discretionary jurisdiction under Article 226 of the Constitution. Accordingly, interference is declined and WPC NO. 9003/2010 -2- the Writ Petition is dismissed without prejudice to the right and liberty of the petitioners to avail the statutory remedy by approaching the DRT. P.R.RAMACHANDRA MENON, JUDGE. dpk