IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37110 of 2010(K)
1. THOMAS V.A., S/O.ANTONY,
... Petitioner
Vs
1. SYNDICATE BANK,REGIONAL OFFICE,
... Respondent
For Petitioner :SMT.E.V.MOLY
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :06/01/2011
O R D E R
C.K.ABDUL REHIM, J.
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W.P.(C).No.37110 of 2010
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Dated this the 6th day of January, 2011
J U D G M E N T
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This writ petition is filed challenging the sale
proceedings initiated on the basis of Ext.P6 proclamation, in
furtherance of steps taken under the provisions of the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 (SARFAESI Act).
It is noticed that a securitisation application filed before the
Debts Recovery Tribunal challenging the proceedings is
pending and that the said Tribunal had shown indulgence in
granting a conditional stay. However, the petitioner failed to
comply with the conditions stipulated inspite of various
extensions granted by that Tribunal. Still, on the basis of
submissions made by the learned counsel that the petitioner
is relinquishing all challenges against the proceedings and
that the petitioner will withdraw the securitisation
application, indulgence was shown in directing continuation
of the interim stay granted by the Tribunal till 5.1.2011,
subject to condition of the petitioner remitting a sum of Rs.5
W.P.(C).37110/10 -2-
lakhs on or before 31.12.2010. The interim order in this regard
was issued on 20.12.2010.
2. Today, when the writ petition was taken up for
consideration, there was no representation for the petitioner.
Learned Standing Counsel appearing for the respondent Bank
submitted that the petitioner has not complied with the condition
stipulated by this court.
3. Under the above circumstances, I am of the view that
the writ petition need not be entertained any further.
Accordingly the writ petition is dismissed.
C.K.ABDUL REHIM, JUDGE.
okb