IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 37926 of 2010(M) ----------------------------------------- PETITIONER(S): ----------------------- LATHIKA SURESH, AGED 47, W/O.SURESH GOPALAN, SURESH BHAVAN, ARINELLOOR SOUTH P.O., THEVALAKKARA, KOLLAM, PIN-690 538. BY ADV. SRI.ABRAHAM P.GEORGE RESPONDENT(S): -------------------------- 1. AIG HOME FINANCE INDIA LTD., 2ND FLOOR, KRISHNA BUILDINGS, BAKERY JUNCTION, THIRUVANANTHAPURAM-695 001. 2. THE AUTHORISED OFFICER, M/S.AIG HOME FINANCE INDIA LTD., 2ND FLOOR, KRISHNA BUILDINGS, BAKERY JUNCTION, THIRUVANANTHAPURAM-695 001. 3. THE MANAGER, AIG HOME FINANCE INDIA LTD., THIRUVANANTHAPURAM-695 001. R1 TO R3 BY ADV. SRI.RAJESH THOMAS, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.37926 of 2010 ------------------------------------------- Dated this the 31st day of January, 2011 J U D G M E N T ---------------------- The petitioner, who is a guarantor to the loan availed by her husband from the respondent Bank, is challenging the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). 2. Considering the fact that the petitioner has not chosen to avail the effective alternative remedies provided under the statute, this court was not inclined to entertain the writ petition. However, as a gesture of indulgence dispossession of the petitioner from the property was stayed subject to condition of the petitioner remitting a sum of Rs.50,000/- on or before 7.1.2011. On the basis of an application filed by the petitioner, the time stipulated for payment was subsequently extended till 29.1.2011. Today, when the matter was taken up, it is submitted that the petitioner has not complied with the condition, till date. W.P.(C).37926/10 -2- 3. Under such circumstances I am not inclined to entertain this writ petition any further. However, statutory remedy if any available to the petitioner under law, can be pursued. The writ petition is dismissed accordingly. C.K.ABDUL REHIM, JUDGE. okb