IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 2386 of 2009(H) ------------------------- CMP.4814/2008 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): ------------------------- SHAMSUDEEN, S/O.SAINULABDEEN, T.C. 8/1873, VETTAMUKKU, THIRUMALA P.O., THIRUVANANTHAPURAM - 6. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------------------- UNION BANK OF INDIA, MAIN BRANCH, M.G.ROAD, THIRUVANANTHAPURAM REP. BY ITS AUTHORISED OFFICER/ASSISTANT GENERAL MANAGER. BY ADV. SRI. A.S.P.KURUP, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.2386 of 2009-H ================================== Dated this the 22nd day of January, 2009. JUDGMENT After arguing the matter for quite some time, I notice that this writ petition is filed without all the co-obligants on the array. Learned counsel for the petitioner states that his client is a surety for the transaction, which was availed by the son of the petitioner, who is now employed in the Indian Army and is a Signal Technician in Jammu & Kashmir. He accordingly states that the petitioner and his son give up all their right to move before the DRT under the SARFAESI Act and confine their submission to a request for a facility to pay off the outstandings in instalments. Accordingly, it is ordered that, if the petitioner deposits an amount of Rs.Two lakhs within a period of 45 days from now and continues to remit the remaining WPC2386/09 -:2:- amounts in ten equal monthly instalments, the amount of which may be subsequently fixed by the branch manager on receiving the amount of Rs.Two lakhs, he will be permitted to avail that facility. If such deposits are made, the impugned distress action will be deferred and ultimately dropped. On payment of an amount of Rs.4 lakhs in total, the bank will consider any request of the petitioner to reduce the total outstandings, if permissible. If the petitioner fails to deposit any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and the respondents will be at liberty to forthwith proceed with distress action. On production of a copy of this judgment, further proceedings on Ext.P2 will be adjourned from time to time and orders would be issued to enforce the dispossession only if the bank makes a further request to the Chief Judicial Magistrate. WPC2386/09 -:3:- Writ petition ordered accordingly. Thottathil B.Radhakrishnan, Judge. sl.