IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 WP(C).No. 3101 of 2011(K) ------------------------------------- PETITIONER: ------------------- SREENIVASAN.K., AGED 51 YEARS, S/O.KARTHIYANI, KOTTAPPADAM, OPP.SASTHA BUILDING, CHANDANA BHAGAVATHI TEMPLE, INDUSTRIAL ESTATE(P.O), PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN. RESPONDENTS: ------------------------ 1. HOUSING DEVELOPMENT FINANCE CORPORATION LTD., REPRESENTED BY ITS BRANCH MANAGER, HDFC HOUSE NO.29, KAMARAJ ROAD(NEAR CIRCUIT HOUSE) COIMBATORE. 641 018. 2. THE AUTHORISED OFFICER UNDER SARFAESI ACT, HDFC HOUSE NO.29, KAMARAJ ROAD(NEAR CIRCUIT HOUSE), COIMBATORE. 641 018. R1 & R2 BY SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE, ADV. SRI.A.S.SAJUSH PAUL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.3101 of 2011 ------------------------------------------- Dated this the 6th day of April, 2011 J U D G M E N T ---------------------- Considering the effective statutory remedy available this court was not inclined to interfere with the impugned proceedings, which was initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). However, through an interim order issued on 9.2.2011, this court directed the petitioner to make payment of the amount overdue which is in default, within two weeks so that question regarding permitting reoccupation can be considered thereafter. The amount was directed to be paid within two weeks from 9.2.2011. Subsequently on the basis of the request made by the petitioner, the time stipulated was extended till 31.3.2011. 2. It is conceded by the learned counsel for petitioner that the condition stipulated could not be complied with in full, till date. W.P.(C).3101/11 -2- 3. Under the above circumstances I am not inclined to entertain this writ petition any further. However, liberty to the petitioner to invoke statutory remedy, if any available, is reserved. 4. Hence, the writ petition is dismissed without prejudice to rights if any available to the petitioner to invoke statutory remedy. C.K.ABDUL REHIM, JUDGE. okb