IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 24305 of 2008(R) ------------------------------------- PETITIONER: ------------------- 1. NISSAR.A., 38 YEARS, S/O.ABDUL JABBAR VELOCOTTU HOUSE, SATHAR MANZIL, KUMARANALLOOR KOTTAYAM. 2. M.A.RAVI, 34 YEARS, S/O.ABDUL JABBAR, SATHAR MANZIL, MOOVATTUPUZHA, ERNAKULAM BY ADV. SRI.V.S.AFSAL KHAN RESPONDENTS: ---------------------- 1. TAMILNADU MERCANTILE BANK LTD., REP. BY ITS MANAGER KOTTAYAM BRANCH, 9/439, C.S.I.COMMERCIAL COMPLEX, BAKER JN., KOTTAYAM. 2. AUTHORISED OFFICER, TAMILNADU MERCANTILE BANK LTD. TIRUNELVELI REGION KOTTAYAM. BY ADV. SRI.V.V.SURENDRAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24305 of 2008(R) -2- APPENDIX PETITIONERS' EXHIBITS EXT.P1 - A TRUE COPY OF THE ORDER DATED 19.3.2008 PASSED BY THE DEBT RECOVERY TRIBUNAL ERNAKULAM. EXT.P2 - A TRUE COPY OF THE NOTICE 6.6.2008 ISSUED BY THE KOTTAYAM MUNICIPALITY. EXT.P3 - A TRUE COPY OF THE SALE NOTICE DATED 14.7.2008 ISSUED BY THE RESPONDENTS TO THE PETITIONERS. EXT.P4 - A TRUE COPY OF THE PETITION DATED 8.8.2008 FILED BY THE SECOND PETITIONER TO THE RESPONDENTS. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== W.P(C)No.24305 of 2008 ================== Dated this the 20th day of August, 2008. J U D G M E N T The petitioners are defaulters in repayment of loan amounts due to the 1st respondent Bank. The Bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, for recovery of the amounts due from the petitioners. The petitioners challenged the same before the Debts Recovery Tribunal, Ernakulam, in an appeal under Section 17 of the Act. The appeal was dismissed by the Tribunal permitting the petitioners to pay the loan amounts in instalments. The petitioner requested the Tribunal for extension of time, which was not declined. 2. In the above circumstances, the petitioner has approached this court with this writ petition seeking further time to pay the amounts. I do not think that such claim can be ordinarily entertained. However, taking a lenient view, I grant time till 31.8.2008 for payment of amount, purely as a matter of indulgence failing which all the consequences will automatically follow. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs