IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 7916 of 2011(L) ------------------------- PETITIONER(S): --------------- RAJEEV.K.P., AGED 40 YEARS, SON OF RARICHAN, KUNNATHU PARAMBATHU HOUSE, NARIKUNI P.O., KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENT -------------------- AIG HOME FINANCE INDIA LTD., REPRESENTED BY ITS AUTHORIZED OFFICER, FIRST FLOOR, MNS AVENUE, OPPOSITE YMCA, KANNUR ROAD, KOZHIKODE-673001. BY ADV. SRI.RAJESH THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No. 7916 of 2011 ------------------------------- Dated this the 26th day of May, 2011. J U D G M E N T Considering availability of the effective statutory remedy provided under 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, dispossession of the petitioner from the property was stayed subject to condition of the petitioner remitting a sum of Rs.1 lakh in two equal instalments falling due on or before 30.4.2011 and on or before 20.5.2011. 2. The above said order was issued on 30.3.2011. It is conceded by learned counsel appearing for the petitioner that only an amount of Rs.8,500/- was remitted subsequent to the interim order. It is noticed that, inspite of lapse of more than 2 months, the petitioner has not made any substantial compliance of the interim order. 3. Under such circumstances, I am not inclined to 2 W.P.(C).No. 7916 of 2011 entertain this writ petition any further. However, it is made clear that liberty to the petitioner to approach the respondent Bank seeking instalment facility or seeking one time settlement, will stand reserved. In the result, the writ petition is dismissed without prejudice to the liberty of the petitioner to approach the respondents as stated above. C.K.ABDUL REHIM, Judge ami/