IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 29819 of 2009(V) ---------------------------------------- PETITIONER(S): ----------------------- BIJU PARAMU, AGED 39 YEARS, S/O.PARAMU, 'PALLIYUDE KIZHAKKETHIL, DOOR NO. VIII/256, SRP MARKET PO, THAZHAVA, KARUNAGAPPALLY. BY ADV. MR.N.K.MOHANLAL RESPONDENT(S): -------------------------- AUTHORISED OFFICER, PUNJAB AND SIND BANK WOODLANDS JUNCTION, M.G ROAD, ERNAKULAM. BY ADV. MR.DENU JOSEPH, MR.JUFIN GEORGE VALOORAN, MR.SAJI MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 29819/2009-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE POSSESSION NOTICE. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE DEMAND NOTICE DATED 07/11/2008 ISSUED UNDER THE SARFAESI ACT. EXT.R1(b): COPY OF THE DEMAND NOTICE PUBLISHED IN THE INDIAN EXPRESS DAILY DATED 24/03/2009. EXT.R1(c): COPY OF THE ORDER PASSED BY THE C.J.M. COURT, ERNAKULAM IN CRL.MP.NO.6035/2009. EXT.R1(d): COPY OF THE COMMISSION REPORT FILED BY ADVOCATE COMMISSIONER BEFORE THE CJM COURT, ERNAKULAM IN CRL.MP.NO.6035/2009. EXT.R1(e): COPY OF THE PROCEEDINGS CONFIRMING THE SALE IN FAVOUR OF MR.UNNIKRISHNAN. //TRUE COPY// P.A. TO JUDGE rs. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 29819 of 2009-V ---------------------------- Dated this the 23rd day of March, 2010. J U D G M E N T The learned counsel for the petitioner submits that the counsel does not have any further instructions from the petitioner, particularly as to the satisfaction of the condition imposed by this Court. In the said circumstances, since the condition imposed by this Court is not stated as satisfied, this Court does not find it as a fit case to exercise the discretionary jurisdiction under Article 226 of the Constitution of India. The Writ Petition is dismissed; however without prejudice to the rights and liberties of the petitioner to pursue the statutory remedy. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab