IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 29233 of 2008(E) -------------------------------------- C.M.P.NO.10728/2007 OF C.J.M.,KOLLAM. .................... PETITIONER: ------------------- BIJU EDWARD, MAVILAYIL, PRAKKULAM P.O. THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR. RESPONDENTS: ----------------------- 1. THE AUTHORISED OFFICER/CHIEF MANAGER, THE STATE BANK OF TRAVANCORE, THRIKKADAVOOR BRANCH, KOLLAM DISTRICT. 2. THE BRANCH MANAGER, THE STATE BANK OF TRAVANCORE, THRIKKADAVOOR BRANCH, KOLLAM DISTRICT. R1 & R2 BY ADV. SRI.SAJI VARGHESE, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.29233 of 2008-E = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 7th day of October, 2008. JUDGMENT The petitioner availed a housing loan and defaulted in repayment. He does not project any where he intends to wipe off the outstandings by paying it off. All that is stated by his learned counsel is only that the petitioner may be permitted to arrange for a private sale rather than he be dispossessed and property put to distress sale through the first respondent. I am not impressed by this because, that does not provide any situation of legal infirmity or jurisdictional error in the impugned action. Since the petitioner gives up his right to challenge the impugned proceedings before the DRT or before any other authority and because the matter has reached the stage of dispossession following notice under Section 14 of the SARFAESI WP(C)29233/08 -: 2 :- Act, it is ordered that the impugned action will stand deferred for a period of 45 days within which the petitioner, if so advised, will find his private buyer and pay the entire amounts due to the bank directly so that the bank can release the documents. If this opportunity is not utilized, the respondents will be at liberty to dispossess the petitioner immediately. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/071008