IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 WP(C).No. 38473 of 2010(H) --------------------------------------- [C.M.P.NO.23/2010 OF C.J.M.COURT THIRUVANANTHAPURAM] .................... PETITIONERS: --------------------- 1. PLACID ROZARIA, (PRIPRIETER OF M/S. ROAZARIO TENT WORKS) 'BINU NIVAS, THAIVILAKOM HOUSE, VETTUCAUD,THIRUVANANTHAPURAM. 2. MARGRET PLACID, W/O.PLACID ROZARIAO, RESIDING AT 'BINU NIVAS, THAIVILAKOM HOUSE, VETTUCAUD,THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER (KARAKONAM). RESPONDENT: ---------------------- SOUTH INDIAN BANK LTD., REGIONAL OFFICE AT HOTEL SAFA INTERNATIONAL BUILDING, P.B.N.473,MALAYALA MANORAMA ROAD, THAMPANOOR, THIRUVANANTHAPURAM,REPRESENTED BY ITS AUTHORISED OFFICER(CHIEF MANGER). BY ADV. SRI.K.K.JOHN,S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.38473 of 2010-H ---------------------------------------- Dated this the 5th day of January, 2011. J U D G M E N T Challenge in this writ petition is against the coercive steps initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) for dispossession of the petitioners from the property. 2. It is noticed that on an earlier occasion the petitioners have approached this Court and sufficient relief was granted permitting payment of the amounts in instalments. It is noticed that the petitioners have not availed such benefits by complying with the directions contained in the judgment. 3. However, when this writ petition came up for admission, the petitioners made a further offer that they will make considerable payment with a view to avoid the action of dispossession from the residence and with a view to save the property from being sold. Still indulgence was shown W.P(C) No.38473 of 2010-H 2 by this Court and dispossession was stayed, subject to condition of the petitioners remitting a sum of Rs.10 lakhs on or before 4.1.2011. 4. Today when the matter is taken up for consideration, there was no representation for the petitioners. Learned counsel appearing for the respondent Bank submitted that the petitioners have not complied with the condition. Therefore I am not inclined to entertain this writ petition any further. Under the above circumstances, the writ petition is dismissed. C.K.ABDUL REHIM JUDGE ab