IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 6027 of 2009(W) ------------------------- PETITIONER: --------------- MEENAKSHI AMMA, AGED 68 YEARS, W/O. BALAN NAIR @ NARAYANAN NAIR, KUTHUPARAKKAL HOUSE, POST KINALLOOR, KOZHIKODE DISTRICT. BY ADV. SRI.M.G.ASHOKAN SRI.K.SANEESH KUMAR RESPONDENT(S): --------------- 1. THE AUTHORISED OFFICER, STATE BANK OF TRAVANCORE, BALUSSERI AD BRANCH, POST BALUSSERI, KOZHIKODE DISTRICT. 2. MANAGER, STATE BANK OF TRAVANCORE, POST BALUSSERI, KOZHIKODE DISTRICT. BY STANDING COUNSEL SRI.SAJI VARGHESE FOR R1 &R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.6027 of 2009-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of February, 2009. JUDGMENT The petitioner availed a housing loan. She, an elderly citizen, is facing the distress action under the SARFAESI Act on account of non- repayment of the equated monthly instalments. The transaction is not disputed. The outstandings cannot be disputed. The action taken is in order and there is no legal or jurisdictional error in the impugned proceedings. Under such circumstances, the request of the petitioner is confined to be one for an opportunity to pay off the outstandings. Taking into consideration that the total outstanding, as of now, is around Rs.3,57,000/-, this writ petition is ordered directing that if the petitioner remits Rs.1.5 lakhs on or before 31.3.2009 and remits the remaining amounts in six equal monthly WP(C)6027/2009 -: 2 :- instalments payable on or before the last working day of every month commencing from April, 2009, the impugned distress action will be deferred and ultimately dropped. The bank will consider whether the petitioner would be entitled to any ameliorative facility to reduce the total outstandings in such event. If there is default in remitting any of the instalments as aforesaid, the benefits of this judgment will stand recalled automatically and this writ petition will stand dismissed enabling the bank to forthwith proceed with further distress action without fresh notice to the petitioner. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/270209