IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 30193 of 2010(Y) ---------------------------------- PETITIONER(S): ------------------- K.KRISHNAN, POLLAKKADA, HARIPURAM P.O., KASARGOD-670 121. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): -------------------- 1. AUTHORIZED OFFICER, HOUSING DEVELOPMENT FINANCE CORPORATION LTD., HDFC HOUSE, POST BOX NO.1667, RAVIPURAM JUNCTION, M.G.ROAD, KOCHI-682 015. 2. HOUSING DEVELOPMENT FINANCE CORPORATION LTD., RAMON HOUSE, H.T.PAREKH MARG, 168, BACKBAY RECLAMATION, CHURCHGATE, MUMBAI-400020, REP. BY ITS GENERAL MANAGER. 3. THE BRANCH MANAGER, HDFC BANK LTD., HIGHWAY ARCADE, THANA, COLLECTORATE P.O., KANNUR-670 002. R1 BY ADVS. SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE SRI.A.S.SAJUSH PAUL, SC. SRI.THOMAS JAMES MUNDACKAL SRI.BOBBY THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ C.K.ABDUL REHIM, J --------------------------- W.P(C) No.30193 of 2010-Y ---------------------------- Dated this the 20th day of October, 2010. J U D G M E N T Challenge in this writ petition was against proceedings initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Eventhough the petitioner had not resorted to the statutory remedy as provided under Section 17(1), by way of an indulgence, the writ petition was entertained and dispossession was stayed subject to the condition of the petitioner remitting a sum of Rs.1,00,000/- within two weeks from 30.9.2010. In spite of such an order issued, the condition stipulated was not complied with. Learned counsel for the petitioner submitted that he has no instructions from the petitioner regarding compliance of the interim order. Under the above circumstances, the writ petition is dismissed. However, it is made clear that this will not affect rights if any available to the petitioner under law to agitate the matter before the authority under statute. Sd/- C.K.ABDUL REHIM JUDGE ab //True Copy//