IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 18734 of 2011(N) -------------------------- PETITIONER(S): ---------------------- 1. ASUMALY,AGED 48,S/O.SYED MUHAMMED NAZEEMA MANZIL, VETTOOR P.O.,VARKALA, THIRUVANANTHAPURAM DISTRICT 2. NAZEEMA, AGED 40,D/O.SAYED MUHAMMD NAZEEMA MANZIL, VETTOOR P.O.,VARKALA, THIRUVANANTHAPURAM DISTRICT BY ADV. SRI.A.B.MOHA KUMAR RESPONDENT(S): --------------------- 1. THE STATE BANK OF INDIA, STRESSED ASSENTS, RECOVERY BRANCH, LMS COMPOUND PALAYAM, THIRUVANANTHAPURAM-PIN-695033 REP.BY ITS AUTHORISED OFFICER, 2. P.S.THRIVIKRAMAN, S/O.P.N.SADASIVAN, KATTIL VEDU, SNRA 145,PETTAH, THIRUVANANTHAPURAM-PIN-695024 BY ADV. SRI.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18734 of 2011(N) ------------------------------------ APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1 COPY OF THE AGREEMENT OF SALE DATED 8.6.10 EXECUTED BY THE 2ND RESPONDENT IN FAVOUR OF THE 1ST PETITIONER. EXT.P2. COPY OF THE LOAN SANCTION LETTER DATED 12.10.2010 ISSUED BY THE 1ST RESPONDENT BANK IN FAVOUR OF THE 1ST PETITIONER. EXT.P3. COPY OF THE POSSESSION NOTICE DATED 23.05.2011 ISSUED BY THE 1ST RESPONDENT BANK. EXT.P4. COPY OF THE ADVERTISEMENT DATED 08.06.2011 PUBLISHED BY THE 1ST RESPONDENT IN THE MATHRUBHOOMY DAILY DATED 09.06.2011. RESPNDENT'S EXHIBITS : NIL --------------------------------- / TRUE COPY / P.A. TO JUDGE VK S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.18734 OF 2011 ---------------------------------------------- Dated this the 9th day of August, 2011 JUDGMENT The petitioners challenge proceedings initiated by the 1st respondent bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act for recovery of loan amounts due from the 2nd respondent to the 1st respondent for repayment of which the petitioners are guarantors. The petitioners submit that the petitioners are negotiating with the bank for an amicable settlement. Therefore, without prejudice to the right of the petitioners to settle the matter with the 1st respondent amicably, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd