IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 12239 of 2011(D) ---------------------------------------- PETITIONER(S): ---------------------- SALEENA SULAIMAN, PROPRIETOR, S.S.WOODEN FURNITURE, PARATHANAM, MUNDAKAYAM, KOTTAYAM DISTRICT. BY ADV. SRI.G.HARIHARAN, SRI.PRAVEEN.H. RESPONDENT(S): -------------------------- M/S. UNION BANK OF INDIA, REGIONAL OFFICE, UNION BANK BHAVAN, M.G. ROAD, STATUE JUNCTION, THIRUVANANTHAPURAM-695 001. REPRESENTED BY ITS REGIONAL MANAGER. BY ADV. MR.A.S.P. KURUP, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.12239 of 2011 ------------------------------------------- Dated this the 31st day of May, 2011 J U D G M E N T ---------------------- Considering the effective statutory remedy provided under Section 17(1) of 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, on the basis of persuasive submissions made, indulgence was shown in directing to keep aside the steps for dispossession of the petitioner from the property subject to condition of the petitioner remitting a sum of Rs.1 lakh on or before 30.4.2011 and a further sum of Rs.1 lakh on or before 25.5.2011. The said interim order was issued on 12.4.2011. 2. It is conceded that, in spite of lapse of about 2 months, the petitioner has not remitted any amount in compliance of the interim order. Under such circumstances, I am not inclined to entertain this writ petition, any further. However, it is left open to the petitioner to avail statutory W.P.(C).12239/11 -2- remedy, if any available. The petitioner will also be free to approach the Bank seeking instalment payment or seeking 'One Time Settlement'. Accordingly the writ petition is dismissed without prejudice to rights and liberties of the petitioner if any available, as mentioned above. C.K.ABDUL REHIM, JUDGE. okb