IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 WP(C).No. 8148 of 2008(T) ------------------------- PETITIONERS: --------------- 1. D.FRANKLIN, AGED 35 YEARS, LEENA BHAVAN, THOZHUKKAL, NEYYATTINKARA P.O., THIRUVANANTHAPURAM. 2. JOHN LEENA B., W/O. FRANKLIN, AGED 30 YEARS, -DO- BY ADV. SRI.AVM.SALAHUDIN SMT.VIJAYAKUMARI RESPONDENTS: ----------------- 1. MANAGER, NEYYATTINKARA BRANCH, DISTRICT CO-OPERATIVE BANK LTD., NEYYATTINKARA. 2. DISTRICT CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 3. AUTHORIZED OFFICER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, THIRUVANANTHAPURAM. R1 BY ADV.SRI.V.G.ARUN SRI.T.R. HARIKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHANAN, J. ---------------------------------------------- W.P.(C) No. 8148 OF 2008 ---------------------------------------------- Dated this the 14th day of March, 2008 JUDGMENT Admittedly, petitioners do not repay the amounts under the two loans availed by them separately, though the period of repayment of both the loans are over. The SARFAESI proceedings are therefore in order and there is no jurisdictional error or legal infirmity in such proceedings. Petitioners confine their request for a direction to consider and dispose of Ext.P1. All that has been sought for in that representation is for an instalment facility under One Time Settlement Scheme. If any such scheme is available and the petitioners are entitled to the benefit of that scheme, that is a matter to be worked between the petitioners and respondents 1 and 2. To hold back proceedings in relation to Ext.P2, till consideration of Ext.P1, it is directed that if the petitioners deposit an amount of Rs.2 lakhs within a period of one month and a further amount of Rs.2 lakhs within another one month, respondents 1 and 2 will consider whether any facility can be extended as requested for in Ext.P1. If there is any default in WPC No. 8148 OF 2008 2 depositing any of the instalments as directed above, the benefit of this judgment will stand recalled automatically and this Writ Petition will stand dismissed. THOTTATHIL B. RADHAKRISHANAN, JUDGE ttb WPC No. 8148 OF 2008 3