IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 6052 of 2009(B) ------------------------- PETITIONER(S): --------------- 1. G.PRABHAKARAN PILLAI S/O. V.GOPALA PILLAI, CHAMAKKALA VEEDU PANAYANCHERRY, ANCHAL PO, KOLLAM. 2. N.S.MAYADEVI W/O. G.PRABHAKARAN PILLAI CHAMAKKALA VEEDU,PANAYANCHERRY,ANCHAL PO, KOLLAM. 3. G.L.VINAYAKUMAR S/O. G.GOPINATHA PILLAI, ASST.ENGINEER TRAVANCORE DEVASWOM BOARD, PUNALUR RESIDING AT CHAMAKKALA VEEDU, PANAYANCHERRY, ANCHAL PO, KOLLAM. BY ADV. SRI.M.R.SARIN RESPONDENT(S): --------------- 1. AUTHORISED OFFICER, REPATRIATES CO-OPERATIVE FINANCE & DEVELOPMENT BANK LTD, REPCO BANK, (GOVT OF INDIA ENTERPRISE) REPCO TOWER.33, NORTH USMAN ROAD,T.NAGAR CHENNAI 600 017. 2. THE CHIEF MANGER REPATRIATES CO-OPERATIVE FINANCE & DEVELOPMENT BANK LTD, REPCO BANK, (GOVT OF INDIA ENTERPRISE) JEEVAN JYOTHI, NEW LIC BUILDING, NEAR VETIPUZHA BRIDGE, PUNALUR 691 305. 3. UNION OF INDIA REP. BY FINANCE SECRETARY, NEW DELHI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sks/- THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.6052 of 2009-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of February, 2009. JUDGMENT Notice to the third respondent is dispensed with. Notice to respondents 1 and 2 dispensed with preserving their right to move for review of this judgment, if aggrieved. The petitioners face action under the SARFAESI Act in which a notice under Section 13(2) has been issued. This means that no measure has been taken. If a measure is taken under Section 13(4), the remedy lies before the DRT under Section 17 of the SARFAESI Act. Yet, the learned counsel for the petitioners states that all that the petitioners aspire is for an opportunity for consideration of any objections to Ext.P3. This is essentially a matter which the petitioners can work out before the respondents. Hence, it is WP(C)6052/2009 -: 2 :- ordered that if an amount of Rs.72,000/- is paid within three weeks, the petitioners will be given opportunity till 28.3.2009 to pay the remaining amounts due in terms of the outstandings as on 31.12.2008, namely, Rs.1,39,249/- as stated in Ext.P3 and if they continue to pay instalments from January, 2009 also, the respondents will consider the request of the petitioners for regularizing the transaction appropriately and in accordance with law. It is clarified that this Court has not expressed anything on merits and the respondents will be at liberty to have a decision as may be appropriate, having regard to the totality of the facts and circumstances. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/270209