IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11552 of 2005(A)
1. SANTHOSH J.KAPPEN,
... Petitioner
Vs
1. KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD.
... Respondent
2. JOINT REGISTRAR OF CO-OPERATIVE
3. REGISTRAR OF CO-OPERATIVE SOCIETIES,
For Petitioner :SRI.MATHEWS J.NEDUMPARA
For Respondent :SRI.T.R.RAMACHANDRAN NAIR, SC, DCB, KTM
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :08/02/2011
O R D E R
P.R. RAMACHANDRA MENON, J.
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W.P.(C) No. 11552 OF 2005
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Dated this the 8th February , 2011
J U D G M E N T
The steps taken by the respondent Bank resorting to the
provisions under the SARFAESI Act, notwithstanding the
proceedings pursuant to filing of ARC No.41/96 for realisation of
the amount due under a loan transaction, were sought to be
challenged by the petitioner by filing the above Writ Petition.
2. When the matter came up for consideration before this
Court on 06.04.2005, coercive steps were intercepted on
condition that the petitioner satisfied a sum of ` 8,00,000/-
( Rupees eight lakhs only) within one week, making it clear that
the interim order would stand vacated automatically, if the
condition was not satisfied. The petitioner did not choose to
satisfy the condition, as taken note of by this Court on
04.07.2005 and also on 22.08.2005, whereby it was made clear
that no interim order of stay was in existence.
W.P.(C) No. 11552 OF 2005
2
3. When the matter is taken up today for final hearing,
there is no representation for the petitioner. It appears that the
petitioner is no more interested in the cause of action projected
in the Writ Petition.
The Writ Petition is dismissed for default/non prosecution.
P.R. RAMACHANDRA MENON,
JUDGE.
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