IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 WP(C).No. 28483 of 2010(I) --------------------------------- PETITIONER(S): ------------------ GEETHAKUMARI, GEETHA BHAVAN, VAZHUVILA, PUNAVAKKUNU, CHULLIMANOOR.P.O. BY ADVS. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): -------------------- 1. THE AUTHORISED OFFICER, NEDUMANGADU CO-OPERATIVE URBAN BANK LTD. NO.3193, NEDUMANGADU P.O., THIRUVANANTHAPURAM - 695 003. 2. THE BRANCH MANAGER, NEDUMANGADU CO-OPERATIVE URBAN BANK LTD.NO.3193, NEDUMANGADU P.O., THIRUVANANTHAPURAM - 695 003. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.28483 of 2010-I ---------------------------------------- Dated this the 4th day of January, 2011. J U D G M E N T The challenge in this writ petition is against proceedings initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Interim stay against dispossession of the petitioner from the property was sought for on the ground that the respondent Bank had already approached the Chief Judicial Magistrate Court invoking Section 14(1). 2. As a gesture of indulgence, through an interim order issued on 22.9.2010, dispossession of the petitioner from the property was stayed subject to condition of the petitioner remitting a sum of Rs.50,000/- within three weeks thereof. 3. Today, when the matter was taken up for consideration, learned counsel for the petitioner submitted that he has no instruction from the party regarding W.P(C) No.28483 of 2010-I 2 compliance of the interim order. It is further noticed that, eventhough urgent notice was ordered by speed post as early as on 22.9.2010, the petitioner has has not taken steps and paid the process for effecting service of notice. Under such circumstances, the writ petition is dismissed for default. C.K.ABDUL REHIM JUDGE ab