IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 31279 of 2008(W) -------------------------- PETITIONER(S): --------------- M.P. ABDUL NAZAR, S/O. MOIDEEN PICHA, AGED 46 YEARS, T.C. 45/383, BEEMA PALLY, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.MOHANAN RESPONDENT(S): --------------- THE TRIVANDRUM CO-OPERATIVE URBAN BANK LTD., HEAD OFFICE O.B. NO.115, M.G. ROAD, THIRUVANANTHAPURAM, REP. BY ITS GENERAL MANAGER IN - CHARGE. BY ADV.SRI.GEORGE POONTHOTTAM, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31279 OF 2008 ------------------------------------------- Dated this the 28th day of October, 2008 JUDGMENT The petitioner and the principal debtor Ismail are issued with notice under Section 13 (2) of the SARFAESI Act on default in repayment of outstandings. According to the petitioner, he being a surety, action should first go against the principal debtor. This plea is quite unsustainable. It is thereafter pointed out that the petitioner is a poor fisherman with a large family and the residential building has been provided as the security property and that leniency may be shown to grant instalment facility to repay the outstandings. Being only at the stage of Section 13 (2), it is appropriate that the petitioner moves the respondent for any such relief in accordance with law. Hence, without prejudice to the right of the petitioner to seek such relief, this writ petition is ordered directing that distress action against the petitioner will stand suspended for a period of two months if an amount of Rupees Two Lakhs is deposited within a period of one month and any representation that the petitioner WPC.31279/08 Page numbers may make will also be considered by the respondent in accordance with law. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.