IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9003 of 2010(A)
1. P.G.RAJESHKUMAR, AGED 38 YEARS,
... Petitioner
2. GLARIS RAJESH, AGED 38 YEARS,
Vs
1. AUTHORISED OFFICER,
... Respondent
For Petitioner :SRI.KISHOR B.
For Respondent :SRI.A.ANTONY
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :08/04/2010
O R D E R
P.R.RAMACHANDRA MENON, J.
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W.P.(C)No. 9003 OF 2010
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Dated this the 8th day of April, 2010
JUDGMENT
The challenge involved in the Writ Petition is in respect of
the steps taken by the respondent bank under the SARFAESI
ACT for realisation of the amount due from the petitioners under
a loan transaction. When the matter came up for consideration
before this Court on 18/3/2010, the coercive steps were
intercepted, on condition that the petitioners pay a sum of
Rs.3,00,000/- on or before 30/3/2010.
2. The learned Standing Counsel for the respondent bank
submits on instructions that the petitioners have failed to satisfy
the condition imposed by this Court in the interim order and
there is no petition to have the time for complying the condition
enlarged.
In the above circumstances, this Court does not find it
necessary to exercise the discretionary jurisdiction under Article
226 of the Constitution. Accordingly, interference is declined and
WPC NO. 9003/2010 -2-
the Writ Petition is dismissed without prejudice to the right and
liberty of the petitioners to avail the statutory remedy by
approaching the DRT.
P.R.RAMACHANDRA MENON,
JUDGE.
dpk