IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 36776 of 2008(C) -------------------------- PETITIONER(S): --------------- V.S.VIDYADHARAN, VADHYARUPARAMBIL HOUSE, MANNAM, NORTH PARUR. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): --------------- 1. AUTHORISED OFFICER, DEWAN HOUSING FINANCE CORPORATION LIMITED, PALARIVATTOM. 2. DEWAN HOUSING FINANCE, CORPORATION LTD, PALARIVATTOM, REPRESENTED BY ITS MANAGER. ADV. SRI.VARGHESE C.KURIAKOSE FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J ---------------------------------------------- WP(C) No.36776 OF 2008 ---------------------------------------------- Dated this the 11th day of December, 2009 JUDGMENT 1. Challenge in this Writ Petition is against proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the SARFAESI Act'). On 15.12.2008, this court had issued an interim order directing the petitioner to deposit an amount of Rs.3,00,000/- (Rupees Three lakhs only) on or before 10th January, 2009 and directed the respondents to keep in abeyance further distress actions till 15.1.2009. Thereafter the case was not seen posted till 14.10.2009. On 14.10.2009 there was no representation on behalf of the petitioner. Learned Standing Counsel appearing for the respondent Bank submitted that the condition has not been complied with. Through an interim order it was clarified that the respondents are free to proceed with further steps. 2. Eventhough the learned counsel appeared on the subsequent posting date and submitted that the condition will be complied with on the next day itself, it is submitted by the respondents that till date no amount has been paid. Today when the matter was taken up there was no representation on behalf of the petitioner. 3. Under the above circumstances, the writ petition is dismissed. C.K.Abdul Rehim, Judge cms