IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 W.P(C).No. 11095 of 2008(U) ---------------------------------- PETITIONER: -------------- LEELAMMA, W/O.SANKARA PILLAI, AGED 54 YEARS, ACHUTHALAYAM, KUTTACHIRA, PALLIKKAL P.O BHARANIKKAVU VILLAGE, KAYAMKULAM PIN - 690 503. BY ADV. SRI.G.HARIHARAN RESPONDENTS: ----------------- 1. STATE BANK OF INDIA, PALLIKKAR BRANCH, K.P.ROAD, PALLIKKAL, KAYAMKULAM, ALAPPUZHA DISTRICT, REPRESENTED BY ITS BRANCH MANAGER. 2. CHIEF MANAGER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, BEACH ROAD, ALAPPUZHA DISTRICT. 3. THE DISTRICT MAGISTRATE, ALAPPUZHA (DISTRICT COLLECTOR). 4. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNOOR. 5. TAHSILDAR, MAVELIKKARA. 6. K.R.CHANDRAMOHAN, KARIYANAPILLIL HOUSE, KATTITHARA ROAD, MARADU - 682 304, ERNAKULAM DISTRICT. 7. RADHAMANI, KARIYANAPPILLIL HOUSE, KATTITHARA ROAD, MARADU - 682 304, ERNAKULAM DISTRICT. BY ADV. SRI.K.K.CHANDRAN PILLAI, SC FOR SBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 11095 OF 2008 U ==================== Dated this the 9th day of April, 2008 J U D G M E N T Petitioner submits that respondents 6 and 7 who are the owners of the property covered by Ext.P2 had mortgaged the said property to respondents 1 and 2. It is from the petitioner that respondents 6 and 7 have purchased the property. When respondents 6 and 7 committed default in repaying to the Bank, the Bank has initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and proceedings have reached the stage where the Bank has even obtained order under Section 14 of the Act. Petitioner submits that though she has no title over the property, she still stays in a building there and she is interested in buying the property from the Bank. She even offers that she is willing to discharge the liability of respondents 6 and 7 and submits that further action be avoided. 2. As already noticed, the land belongs to respondents 6 and 7 and they are not coming forward to settle the liability either. In so far as the petitioner is concerned, she is a total stranger to the Bank and therefore this court will not be justified in forcing the Bank to accept WPC 11095/08 :2 : payment from the petitioner. If at all the petitioner wants to settle the dues and buy the property, it is for the petitioner to join hands with respondents 6 and 7 and make appropriate application to the Bank for discharging the liability and get the documents released. This the petitioner may do in which case, the Bank will consider the same. The representation shall be filed within one week from today and if the Bank accepts the same, the payment shall be made within two weeks of communicating the decision to the Bank. Until decision is communicated and till the expiry of two weeks thereafter, further proceedings against the property will be kept in abeyance. Needless to say that in case of any default, it is open to the Bank to continue the proceedings. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp