IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18484 of 2009(E)
1. JOJY VASU, PARVATHY MANDIRAM(NANDANAM),
... Petitioner
2. SANGEETHA JOY,
Vs
1. THE AUTHORISED OFFICER/CHIEF MANAGER,
... Respondent
For Petitioner :SRI.A.DINESH RAO
For Respondent :SRI.KKM.SHERIF
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :18/09/2009
O R D E R
C.K.ABDUL REHIM, J
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W.P(C) No. 18484 of 2009
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Dated this the 18th day of September, 2009
J U D G M E N T
1. Challenge in this writ petition is against
proceedings initiated under the Securitization and
Reconstruction of Financial Assets and Enforcement of
Security Interest Act (SARFAESI Act) against the
immovable properties of the petitioner, which are the
secured assets with respect to a loan availed from the
respondent Bank, re-payment of which is defaulted.
Through an interim order of this Court dated 2.7.2009, all
further proceedings pursuant to Ext.P1 notice was stayed
on condition of the petitioner remitting a sum of
Rs.2,50,000/-, within three weeks. Thereafter petitioner
filed I.A.No.9001/2009 seeking enlargement of time for
complying with the said condition, submitting that he had
already paid an amount of Rs.1 lakh. This court was
inclined to enlarge the time for a further period of one
month from 24.7.2009. It is now submitted that, inspite of
W.P(C) No. 18484 of 2009
2
the extension granted by this court, the balance amount is
not paid so far.
2. Under the above circumstances, learned counsel
for the petitioner sought permission to withdraw the writ
petition without prejudice to their rights if any available,
under the provisions of the SARFAESI Act to approach the
appellate authority.
3. Hence the writ petition is dismissed as withdrawn
without prejudice to rights if any available to the petitioner
to approach the appellate authority under the statute.
C.K.ABDUL REHIM
JUDGE
app/-