IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 35153 of 2010(T) -------------------------- CMP.3676/2010 of C.J.M.,MANJERI .................... PETITIONER(S): --------------- THARAMMAL CHAMBAKATH KUNHIBEEBI, VATAYIL HOUSE, ATAKKAKUNDU POST, MALAPPURAM DISTRICT. BY ADV. SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT(S): --------------- 1. THE MANAGER, THE NILAMBUR CO-OPERATIVE ARBAN BANK LTD., NILAMBUR, MALAPPURAM DISTRICT, PIN-679 329. 2. THE DY. GENERAL MANAGER, (AUTHORISED OFFICER), THE NILAMBUR CO-OPERATIVE ARBAN BANK LTD., NILAMBUR, MALAPPURAM DISTRICT, PIN-679 329. ADV. SRI.DEVAPRASANTH.P.J. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35153 of 2010(T) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE RELEVANT PAGES OF LOAN PASS BOOK EXT.P2 : COPY OF THE NOTICE DTD.23.7.2008 EXT.P3: COPY OF THE NOTICE DTD.4.11.2008 EXT.P4: COPY OF THE REPRESENTATION BEFORE THE BOARD OF THE BANK EXT.P5: COPOY OF THE REPRESENTATION BEFORE THE JOINT REGISTRAR EXT.P6: COPY OF THE LETTER TO THE ASSISTANT REGISTRAR EXT.P7: COPY OF THE PETITION BEFORE CJM EXT.P7(A): COPY OF THE ORDER OF CJM RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE AB C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.35153 of 2010-T ---------------------------------------- Dated this the 15th day of June, 2011. J U D G M E N T Challenge in this writ petition is against the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Considering the effective remedy available under Section 17(1), this court was not inclined to entertain this writ petition to interdict in any manner with the proceedings being pursued under Section 14(1) of the Act. 2. However, on the basis of persuasive submission made by the learned counsel for the petitioner, dispossession of the property was directed to be kept in abeyance subject to condition of the petitioner remitting a sum of Rs.1,25,000/- within three weeks from 25.11.2010. 3. It is conceded that, inspite of lapse of more than six months, the condition stipulated has not been complied with. W.P(C) No.35153 of 2010-T 2 4. Under the above circumstances, I am not inclined to entertain this writ petition any further, for exercising the discretionary jurisdiction vested on this court. The writ petition is accordingly dismissed. C.K.ABDUL REHIM, JUDGE ab