IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 WP(C).No. 1777 of 2011(V) -------------------------------- PETITIONER(S): -------------------- JOBY, AGED 35 YEARS, W/O. P.C.AUGUSTY, PULLUMATTATHIL HOUSE, VALIYAPARAMBUKARI, KOOMANTHODE.P.O., PAYAM KANNUR DISTRICT. BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA SMT.N.K.SHEEBA RESPONDENT(S): --------------------- 1. KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS REGIONAL MANAGER, KOZHIKODE REGIONAL OFFICE, M.M.ALI ROAD, KOZHIKODE-673 002. 2. THE BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., KANNUR BRANCH, KANNUR-670 001. 3. KUTTARAPPALLIL MATHEW, S/O. PAUL, ANGADIKADAVU.P.O., KILIYANTHARA, KANNUR-670 706. R1-2 BY ADV. SRI.NAGARAJ NARAYANAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.1777 of 2011 ------------------------------------------- Dated this the 9th day of February, 2011 J U D G M E N T ---------------------- Petitioner is the wife of one Mr.P.C.Augusty, S/o. Chacko, who had availed a loan from the 1st respondent Bank in the year 2002, to the tune of Rs.2,50,000/-. Consequent to default committed in repayment the respondents 1 and 2 have initiated steps under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Ext.P3 is the notice proclaiming sale of the immovable property mortgaged, which is the secured asset. 2. It is stated that the petitioner's husband had met with a road traffic accident on 6.1.2011, when he was hit by a Bus. It is further stated that he had sustained fracture of bones on both legs and is continuing inpatient treatment at the A.K.G.Co-operative Hospital, Kannur. Hence the petitioner is filing this writ petition in order to seek redressal of grievances on behalf of her husband. Ext.P1 W.P.(C).1777/11 -2- Medical Certificate is produced in support of the above contention which will indicate that the husband of the petitioner sustained Type-I open fracture of both bones on left leg and Type-III B open fracture of the lateral malleolus and is continuing treatment at the above said hospital. 3. Contention of the petitioner is that considering the special circumstances that neither her husband nor herself is not in a position to make payment of the arrears within a short period, reasonable extension for payment need be granted. It is submitted that the property which is now put to auction, is the residential house of the petitioner wherein she is residing with her family and if the property is sold in auction, the family will be thrown to street. 4. Heard; standing counsel appearing for respondents 1 and 2. It is submitted that none of the above facts were brought to the notice of the respondent Bank and that the petitioner has not approached the Bank with any request for granting time. I am of the considered view that it is for the respondents 1 and 2 to consider whether any indulgence can be shown in granting sufficient time for effecting payment of the balance amount, in view of the special circumstances prevailing. W.P.(C).1777/11 -3- 5. It is brought to my notice that sale has not been materialised on the basis of Ext.P3 proclamation published. Under such circumstances I am of the view that the petitioner can be relegated to respondents 1 and 2 to seek appropriate relief. Therefore the writ petition is disposed of directing the petitioner to approach respondents 1 and 2 seeking sufficient time for payment of the amounts, in view of the special circumstances prevailing. 6. If any such approach is made by the petitioner within a period of two weeks from today, the respondents 1 and 2 shall consider the same and shall take appropriate decisions thereof. 7. Needless to say that further coercive steps for sale or dispossession of the property shall be proceeded only after considering such request and on the basis of the decision which will be taken on the subject matter. Sd/- C.K.ABDUL REHIM, JUDGE. okb True copy P.A to Judge