IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 9317 of 2008(H) ------------------------- PETITIONER: -------------- SOBHA SIVADAS, AGED 42 W/O.V.K.SIVADAS, VENNANGOT HOUSE VENKIDANGU P.O., THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ----------------- 1. THE L.I.C. FINANCE HOUSING LTD. POST BOX NO.1179, SHAHI TOWERS IYYATTIL JUNCTION, ERNAKULAM, COCHIN-682011 REP. BY ITS AUTHORIZED OFFICER. 2. THE MANAGER OPERATIONS L.I.C. FINANCE HOUSING LTD. POST BOX NO.1179, SHAHI TOWERS IYYATTIL JUNCTION, ERNAKULAM, COCHIN-682011 3. THE DISTRICT COLLECTOR COLLECTORATE, AYYANTHOLE, THRISSUR. BY ADV. SRI.R.S.KALKURA FOR R1 AND R2 GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 9317 OF 2008 H ==================== Dated this the 31st day of March, 2008 J U D G M E N T The challenge in this writ petition is against the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act by respondents 1 and 2. 2. There are two contentions raised. One is that Ext.P2 notice under Section 13(2) was undated and therefore, 60 days period could not be ascertained. A perusal of Ext.P2 itself shows that the said notice is dated 7/8/07 and therefore this contention has no substance. 3. The other contention is that Section 13(2) notice has not been served on the petitioner. The respondents have made available a copy of the acknowledgment card, evidencing service of the notice under Section 13(2) of the Act on the petitioner. That apart, the petitioner herself had signed on a copy of 13(2) notice when it was personally served and that also is made available. 4. In view of the above, it can be seen that the contentions are totally incorrect. 5. At this stage, counsel pleads for an instalment facility to WPC 9317/08 :2 : discharge the liability. 6. Having heard the learned standing counsel for respondents 1 and 2 , I direct that subject to payment of 50% of the amount due before 15/4/2008, further proceedings against the petitioner shall be deferred. Thereafter the balance will be permitted to be paid in three equal monthly instalments, the first of which will be payable on the 15th of May, 2008 and the subsequent instalments payable on the 15th of June and July, 2008. It is clarified that in case default is committed, it will be open to the respondents to continue the proceedings that they have initiated. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp