IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 WP(C).No. 38593 of 2010(Y) -------------------------- PETITIONER:- ------------------ USHA, W/O. SASEENDRAN, AGED 50 YEARS, MANIYANKARA VEEDU, CHOONDI BHAGAM, ERUMATHALA KARA, ALUVA EAST VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI RESPONDENTS:- --------------------- 1. MATHEW, S/O. JOSEPH, PLAMBANIYIL HOUSE, ELIKULAM VILLAGE AND KARA, KANJIRAPALLY TALUK, KOTTAYAM DISTRICT. 2. PUNJAB NATIONAL BANK, REP. BY ITS CHIEF AUTHORISED OFFICER, 2ND FLOOR, 40/1461, MARKET ROAD, ERNAKULAM-11. 3. BRANCH MANAGER, PUNJAB NATIONAL BANK, ALUVA BRANCH, ALUVA-1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. = = = = = = = = = = = = WP(C).No.38593 of 2010-Y. = = = = = = = = = = = = Dated this the 17th January, 2011. J U D G M E N T Petitioner is aggrieved by Ext.P2 notice of sale proclaimed with respect to sale of immovable property, which is the secured asset, under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Taking note of the fact that the petitioner has not availed statutory remedy provided under Section 17(1) of the Act, this Court was not inclined to entertain this writ petition. However, as a gesture of indulgence, the conformation of sale if any takes place on the basis of Ext.P2 was stayed, subject to condition of the petitioner remitting a sum of ` 6 lakhs on or before 10.1.2011. 2. It is submitted by both sides that the condition stipulated has not been complied with. It is also stated that the sale has already taken place. Under such circumstance WP(C).No.38593 of 2010-Y. 2 I am not inclined to entertain this writ petition any further. However, the petitioner will be at liberty to challenge the sale by approaching appropriate authorities, if permissible under law. 3. Hence the writ petition is dismissed without prejudice to the rights if any available to the petitioner as stated above. C.K.ABDUL REHIM, (Judge) Kvs/-