Antony Dominic, J. None appears for the appellant.
2. The appellant filed the writ petition challenging the SARFAESI proceedings initiated against him by the respondent Bank. By judgment dated 7/4/2010, the writ petition was dismissed holding that, since the appellant did not comply with the interim orders passed, it was not a fit case for exercise of jurisdiction under Article 226 of the Constitution of India.
3. In this appeal, a Division Bench of this Court though admitted the case, passed order dated 8th of July, 2010, declining the interim prayer sought for by the appellant to stay all further proceedings pursuant to Annexure 1 order passed by the Chief Judicial Magistrate, Thiruvananthapuram under Section 14 of the Act and also to re-deliver the property to the appellant, in the event delivery being taken. However, we notice from the order dated 8th of July, 2010 that the only question that was agreed to be examined by
W.A.No.1048/10
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this Court was whether the writ petition could be dismissed for non compliance of the interim order passed.
In the factual background, we do not think that, except for academic exercise, there is no necessity for going into any of the contentions raised in the appeal. Therefore, without examining the contentions on the merits, this writ appeal is dismissed.
Sd/-
ANTONY DOMINIC JUDGE Sd/-
ANIL K. NARENDRAN JUDGE Rp //True Copy// PA to Judge