IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 28228 of 2008(I) ---------------------------------------- PETITIONER: --------------------- K.MEENAKSHI, W/O.K.GOPALAKRISHNAN NAIR, KONDATHU HOUSE, MANGALAM P.O., TIRUR, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SMT.VIDYA MANUVILSAN RESPONDENTS: ------------------------- 1. ASST. GENERAL MANAGER, AUTHORISED OFFICER, TIRUR URBAN CO-OPERATIVE BANK LTD. F 1818, TIRUR P.O., MALAPPURAM. 2. TIRUR URBAN CO-OPERATIVE BANK LTD.F.1818 REPRESENTED BY ITS SECRETARY, TIRUR P.O., MALAPPURAM. BY ADV. SRI. DEVAPRASANTH P.J., SC – R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.28228 of 2008 ================================== Dated this the 23rd day of September, 2008. JUDGMENT An item of property belonging to the petitioner has been taken possession of under the provisions of the SARFAESI Act on account of a default in repayment of a loan availed by her husband for which the property in question has been offered as security property. There is no jurisdictional error or legal infirmity in the impugned proceedings. Learned counsel for the petitioner stated that the petitioner has remitted amounts even after Ext.P1 and that the total outstandings could be wiped off by her in four months' time. This is recorded and repelling all other contentions and all other proceedings against the impugned action, this writ petition is ordered directing that if the entire outstandings are paid in four equal monthly instalments, payable on or WPC28228/08 -:2:- before the 20th of every month, commencing from October, 2008, further distress action will stand dropped. If the petitioner fails to pay any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and the respondents will be at liberty to forthwith proceed with distress action without giving any further notice to the petitioner or her husband. Thottathil B.Radhakrishnan, Judge. sl.