IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 4589 of 2009(U) ------------------------- PETITIONER(S): --------------- 1. BIJU PAUL,S/O.PAILO, AGED 36 YEARS, RESIDING AT PAANAYIL HOUSE, VELLAYAMKUDY KARA, KATTAPPANA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. ELEYKUTTY, W/O.LATE PAILO, RESIDING AT PAANAYIL HOUSE, VELLAYAMKUDY KARA, KATTAPPANA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SMT.CISSY MATHEWS RESPONDENT(S): --------------- 1. KERALA STATE CO-OPERATIVE BANK LTD, IDUKKI BRANCH, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER. 2. AUTHORISED OFFICER,(REGIONAL MANAGER), KERALA STATE CO-OPERATIVE BANK LTD, REGIONAL OFFICE,ERNAKULAM, DORAISWAMY IYYER ROAD, KOCHI, ERNAKULAM DISTRICT. ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 4589 OF 2009 ............................................ DATED THIS THE 11 TH DAY OF FEBRUARY, 2009 JUDGMENT Petitioners availed a loan from the first respondent and defaulted in repayment. On 26.10.2006, Ext.P1 notice under Section 13(2) of the SARFAESI Act was issued, showing an outstanding of Rs.5,17,474/- as on 31.7.2006. It is quite surprising that no action was taken thereafter until the issuance of the possession notice on 25.9.2008, though not a paise was paid even after Section 13(2) notice. On 14.1.2009, the property was advertised for sale to be held on 19.2.2009. Today, on 11.2.2009, the petitioners seek indulgence of this court. They have not initiated proceedings before the Debt Recovery Tribunal under the SARFAESI Act. The impugned proceedings has been final. I find no ground to interfere with the impugned proceedings. Yet, as a last opportunity, if petitioners deposit an amount of Rs.4,00,000/-, at or before the time fixed for sale in Ext.P4, the impugned sale will be deferred till 25.3.2008, granting an opportunity to the petitioners to pay off the remaining amounts also. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/16/2