High Court Kerala High Court

V.S.Sunilkumar vs Union Of India on 26 May, 2009

Kerala High Court
V.S.Sunilkumar vs Union Of India on 26 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3078 of 2009(N)


1. V.S.SUNILKUMAR, AGED 42,
                      ...  Petitioner

                        Vs



1. UNION OF INDIA, REP. BY SECRETARY
                       ...       Respondent

2. THE RESERVE BANK OF INDIA,

3. THE FEDERAL BANK LTD, HAVING REGD OFFICE

4. CHIEF MANAGER & AUTHORISED OFFICER,

                For Petitioner  :SRI.B.S.SURESH KUMAR

                For Respondent  :SRI.A.ANTONY

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :26/05/2009

 O R D E R
                        P.R.RAMACHANDRA MENON, J.
                       -----------------------------------------------
                            WP(C) NO. 3078 OF 2009
                            -----------------------------------
                       Dated this the 26th day of May, 2009

                                      JUDGMENT

Aggrieved by the steps taken by the respondent Bank under the

provisions of the SARFAESI Act, the petitioner has approached this court

challenging the same. An interim order was passed on 29.01.2009 intercepting

all further proceedings subject to the condition that the petitioner remitted a sum

of Rs.8,00,000/- on or before 02.02.2009. Subsequently, the interim order was

extended on 04.02.2009 till 03.03.2009 on condition that the petitioner deposited

a further sum of Rs.8,00,000/- on or before 02.03.2009 and yet another

8,00,000/- on or before 02.04.2009, making clear that if any default was made in

clearing the instalment, the benefit of the interim order would stand vacated.

2. The matter come up for consideration before this court yesterday.

There was no representation for the petitioner. Today also it is not a case of

exception. Learned counsel appearing for the respondent bank submits that the

petitioner did not choose to comply with the condition imposed by this court.

In the above circumstances, the Writ Petition is dismissed for default.

(P.R.RAMACHANDRA MENON, JUDGE)

dnc