IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 643 of 2011(E) ------------------------------- CMP.10713/2010 of CHIEF JUDICIAL MAGISTRATE,KOLLAM .................... PETITIONER(S): ------------------- SATHEESH K.R., KRISHNA BHAVAN, ARKANNOOR P.O., AYOOR, KOLLAM DISTRICT BY ADVS. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENT(S): -------------------- UNION BANK OF INDIA, REGIONAL OFFICE, UNION BANK BHAVAN, M.G.ROAD, STATUE, THIRUVANANTHAPURAM - 695001. REPRESENTED BY ITS AUTHORIZED OFFICER & CHIEF MANAGER. BY ADV. SRI. A.S.P.KURUP, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.643 of 2011-E ---------------------------------------- Dated this the 21st day of February, 2011. J U D G M E N T Coercive steps initiated under Section 14(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is the subject matter of challenge in this writ petition. Pursuant to orders issued by the Chief Judicial Magistrate Court an Advocate Commissioner was appointed by that Court and has issued Ext.P2 notice. Considering the fact that the petitioner has not availed the statutory remedy provided, this Court was not inclined to entertain this writ petition. However, as a gesture of indulgence dispossession was stayed, subject to condition of the petitioner making payment of a sum of Rs.1,50,000/- on or before 25.1.2011. Subsequently an extension was sought for on the premise that the petitioner had remitted a sum of Rs.1 lakh. Time for payment of the balance amount was extended till 10.2.2011. But it is conceded that the petitioner could not W.P(C) No.643 of 2011-E 2 make payment of the amounts till date. 2. Under the above circumstances, I am not inclined to entertain this writ petition any further. However, it is made clear that the petitioner will be at liberty to approach the respondent seeking settlement of payment or seeking instalment facility and if any such approach is made the Bank will be at liberty to take appropriate decision thereof, despite dismissal of this writ petition. The Writ Petition is dismissed with the above observations. C.K.ABDUL REHIM JUDGE ab