IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 31744 of 2008(D) ----------------------------------------- PETITIONER(S): ------------------------- MOHAMMED V.A., S/O.ADIMAKUNJU, AGED 46 YEARS, VALIYAKATH HOUSE, THAIKKADU, CHAVAKKAD, THRISSUR. (PROP.M/S.EXAKT WIRE PRODUCTS, PLOT NO.14, FIC, PERINGANDOOR P.O., ATHANI, THRISSUR DISTRICT)., BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------------------- 1. THE FEDERAL BANK LTD., THRISSUR MAIN BRANCH, ANJALY COMPLEX, ROUND NORTH, THRISSUR - 1, REP. BY ITS SENIOR MANAGER. 2. AUTHORISED OFFICER, (SECURITISATION ACT), THE FEDERAL BANK LTD., THRISSUR MAIN BRANCH, THRISSUR - 1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31744 OF 2008 ------------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT Having regard to the nature of the order being issued hereunder, notice to the respondents dispensed with, preserving its right to move for review of this judgment, if aggrieved. The limited submission made at the stage of consideration for admission today is that Ext.P3 may be ordered to be considered and decided. I have gone through Ext.P3. I do not find there is any objection therein as regards the principal amount of Rs.13.5 lakhs. Ext.P2 is only a notice under Section 13 (2) of the SARFAESI Act. Under such circumstances, it is directed that Ext.P3 objection will be considered and the bank will advert to the request of the petitioner for slashing the total outstandings, if the principal amount of Rs.13.5 lakhs is paid in two instalments of Rs.6.5 lakhs and Rs.7 lakhs, on or before 15.11.2008 and 15.12.2008 respectively, without fail. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.