IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 W.P(C).No. 11230 of 2008(J) --------------------------------- PETITIONER: -------------- MOHANDAS C.K,S/O.KOTTIKUTTI K, KAVUMKANDIYIL HOUSE,KUZHIMANNA (P.O) KIZHISSERY,MALAPPURAM DISTRICT. BY ADV. SRI.T.K.AJITH KUMAR SRI.P.VINODKUMAR SRI.SUSHANTH.J. RESPONDENTS: ----------------- 1. HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED,HDFC HOUSE,POST BAG NO.1667, RAVIPURAM JN,MG ROAD,KOCHI-682 015. 2. AUTHORISED OFFICER, HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED HDFC HOUSE,POST BAG NO.1667,RAVIPURAM JN, M.G ROAD,KOCHI-682 015. BY ADV. SRI. K.K. CAHNDRAN PILLAI, SC FOR KDFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 11230 OF 2008 - J = = = = = = = = = = = = = = Dated this the 7th April, 2008. J U D G M E N T Petitioner is a defaulter to the respondent. The challenge in this writ petition is against Ext. P1, a notice issued by the respondent under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. This notice is dated 28.1.2008 and the petitioner has not even filed his reply. On the other hand, petitioner now submits that he will be in a position to liquidate the entire liability within two months. In my view, this is a matter essentially for the respondent Corporation to consider. Petitioner could have urged this request before the respondents themselves by filing his reply to Ext. P1 which he has not done. 2. Taking into account the limited nature of the request the petitioner now makes, I feel that the petitioner should be permitted to file his reply to Ext. P1. But, however, in view of the default that has been committed by the petitioner such freedom can only be W.P.(C) No.11230 OF 2008 - 2 - considered on condition. 3. Accordingly, the writ petition is disposed of directing that it will be open to the petitioner to file his reply to Ext. P1 within three weeks from today. Along with the reply that he makes, the petitioner will have to pay 1/4th of the amount presently due and subject to remittance as above, the reply filed by the petitioner will be considered and appropriate orders in the matter will be passed. ANTONY DOMINIC JUDGE jan/-