IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 WP(C).No. 32713 of 2010(L) -------------------------- PETITIONER(S): --------------- INDIRA, AGED 52, W/O.MOHAN BABU, THEKUMKARA VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. DHANLAKSHMI BANK LTD., ZONAL OFFICE, DHANALAKSHMI BUILDING, 1ST FLOOR, POONKUNNAM, THRISSUR, PIN 680001, REPRESENTED BY ITS MANAGER. 2. THE AUTHORISED OFFICER, DHANLAKSHMI BANK LTD., ZONAL OFFICE, DHANALAKSHMI BUILDING, 1ST FLOOR, POONKUNNAM, THRISSUR, PIN 680001, REPRESENTED BY ITS MANAGER. SENIOR GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J ------------------------------- WP(C) NO. 32713 OF 2010 ------------------------------------- Dated this the 27th day of October, 2010 JUDGMENT Petitioner is the wife of one Sri.Mohan Babu who had mortgaged properties having an extent of 11.75 cents for securing a loan availed by another person from the respondent Bank. In this Writ Petition, the petitioner is challenging steps initiated by the respondents under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) for taking over possession of the above said property wherein the petitioner is allegedly residing. According to the petitioner, her husband is not available at present and his whereabouts are not known. Therefore the petitioner is seeking directions against respondents in keep in abeyance coercive steps of recovery initiated against the property. 2. Learned standing counsel appearing for the respondent Bank on the basis of instructions submitted 2 WP(C) No. 32713/2010 that the petitioner’s husband, Sri.Mohan Babu had already settled payment in the loan account and the loan account in question stands closed. It is submitted that respondent is not intending to take any further proceedings against the property in question. 3. The above submission is recorded and the Writ Petition is closed as infructuous. C.K. ABDUL REHIM JUDGE dnc