IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 8125 of 2011(M) --------------------------------- PETITIONER(S): ------------------- KRISHNAN NAMBOODIRI, S/O.NARAYANAN NAMBOODIRI, CHANDIYADETH ILLAM, KALAMPOOR KARA, KALAMPOOR P.O., PIRAVAM. BY ADVS. SRI.P.V.ELIAS SRI.N.N.ELAYATH SRI.K.UNNI VARGHESE RESPONDENT(S): -------------------- 1. ANIL KUMAR P.M., S/O.MADHAVAN NAIR, PUTHIYEDATH HOUSE, KURICHILAKODE, KODANADU P.O. 2. NORTH MALABAR GRAMIN BANK, REPRESENTED BY ITS BRANCH MANAGER, PERUMBAVOOR. 3. THE AUTHORIZED OFFICER, NORTH MALABAR GRAMIN BANK TOWER, PALLIKUNNU, KANNUR. R2 & R3 BY ADVS. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH SRI.S.NIKHIL SANKAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.8125 of 2011 ------------------------------------------- Dated this the 13th day of June, 2011 J U D G M E N T ---------------------- In view of the effective alternative remedy provided under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), this court was not inclined to entertain this writ petition. However, considering the fact that there is a threat of eviction of the petitioner from the property, indulgence was shown in staying dispossession, through an interim order issued on 15.3.2011, directing the petitioner to remit a sum of Rs.1,50,000/-. The said interim order was subsequently extended on 4.4.2011 insisting upon the petitioner to make payment of further sum of Rs.1,50,000/- in two equal instalments falling due on or before 30.4.2011 and on or before 31.5.2011. 2. It is submitted by learned counsel for the respondent Bank that the petitioner had failed to comply with the condition stipulated in the interim order dt.4.4.2011. There was no representation for the petitioner when the matter was taken up W.P.(C).8125/11 -2- for consideration on today. 3. Under the above mentioned circumstances, I am not inclined to entertain this writ petition any further. The writ petition is accordingly dismissed. C.K.ABDUL REHIM, JUDGE. okb