IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 28341 of 2008(Y) -------------------------- CMP.3993/2008 of C.J.M.,KOLLAM .................... PETITIONER(S): -------------------------- SANTHA KUMARI.P., D/O.JANAKI, VALIYAVILA PUTHEN VEEDU, EZHIPPURAM, PARIPPALLY, KOLLAM DISTRICT. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENT(S): -------------------------- 1. THE AUTHORISED OFFICER(CHIEF MANAGER), REGION IV ZONAL OFFICE, STATE BANK OF TRAVANCORE, THIRUVANANTHAPURAM. 2. BRANCH MANAGER, STATE BANK OF TRAVANCORE PARIPPALLY BRANCH , PARIPPALLY. ADV. SRI.K.S.DILIP, SC, SBT FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.28341 OF 2008 ------------------------------------------- Dated this the 27th day of November, 2008 JUDGMENT Heard. 2. Petitioner's son availed a housing loan; failed to repay and is facing proceedings under the SARFAESI Act. The petitioner, the occupier of the building and interested in preserving the property, filed this writ petition and obtained an interim order on 23.9.2008 staying dispossession on remitting an amount of Rs.1,00,000/-. Being a party to the loan transaction, the petitioner paid an amount of Rs.50,000/-. I.A.12929/08 was allowed in the mean time enlarging the time fixed for payment of the amount till 3.11.2008. But, no remittance was made and hence it was recorded on 4.11.2008 that there is no stay in view of the failure to make remittance. The bank, therefore, again proceeded with the application under Section 14 before the Chief Judicial Magistrate and the matter is listed to 1.12.2008 to dispossess the petitioner. WPC.28341/08 Page numbers 3. Learned counsel for the petitioner states that her son had not honored the commitment to transmit funds and her sister's son is now about to help her out and she would be paying the entire amounts by 5.12.2008 or, at the worst, by 10.12.2008. Since the petitioner gives up all other contentions and also the right to move the Debts Recovery Tribunal, it is ordered that if the petitioner remits an amount of Rs.50,000/- by 1.12.2008 and the remaining portion on or before 10.12.2008, actual dispossession will stand deferred till 11.12.2008. This will be on a further condition that the petitioner swears to an affidavit in the matter pending before the Chief Judicial Magistrate, undertaking to so vacate on or before 10.12.2008. Since this judgment is issued on the basis of the request made by the petitioner as regards time limit, it is ordered that the time frame fixed shall not be extended in any circumstances. It is further ordered that even if any co-obligant, including the son of the petitioner moves the DRT, that authority shall not issue any WPC.28341/08 Page numbers restraint orders in any manner impairing the delivery schedule fixed herein. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.