IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 23RD DECEMBER 2008 / 2ND POUSHA 1930 WP(C).No. 37969 of 2008(T) -------------------------- PETITIONER: --------------- RAZIA FAIZY, AGED 38 YEARS W/O. ABDUL FAIZY, AYSHA MANZIL, NEAR KSRTC PERUMBAVOOR, ERNAKULAM. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENTS: --------------- 1. THE AUTHORISED OFFICER, UNION BANK OF INDIA, KATTAPPANA. 2. UNION BANK OF INDIA KATTAPPANA REPRESENTED BY ITS BRANCH MANAGER. 3. SRI.H.S.FAMY PROPREITOR, AISWARYA TEXTILES, CENTRAL JUNCTION KATTAPPANA. BY STANDING COUNSEL FOR UNION BANK SRI. A , V . THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.37969 OF 2008 (T) ------------------------------------------------------ Dated this the 23rd day of December, 2008 J U D G M E N T The petitioner offered an item of property to secure the loan availed by the third respondent for textile business. According to the bank, the third respondent is not even available. 2. The total outstandings have grown and the bank issued notice under Section 13(2) of the SARFAESI Act. Instead of replying to that, the petitioner filed Exhibit P5 application before the Debt Recovery Tribunal invoking Section 17 of the Act. She has also made Exhibit P4 representation before the bank seeking that the total outstandings may be slashed. 3. Barring the vague plea in ground F in Exhibit P5, there is no really challenge, even in that securitisation application, regarding the total outstandings due. The said plea is not with the recitals of any relevant fact as to the total amounts paid or any amount, which has not been duly credited by the bank. W.P.(C) No.37969/2008 - 2 - 4. But the situation may require the consideration of Exhibit P4 representation. However, that cannot be done without proper payments being made. It would also not proper to defer the proceedings for too long. Under the aforesaid circumstances, it is ordered that if the petitioner remits at the rate of Rs.1,00,000/- per month, payable on or before the last working day of every month, commencing from December, 2008, the bank will consider Exhibit P4 representation on payment of the first three instalments in terms of this judgment. If the petitioner promptly pays the amounts due in December, January and February, the bank will give benevolent consideration in dealing with Exhibit P4 representation and the decision of the bank on Exhibit P4 representation will be communicated to the petitioner by the second week of March 2009, so that the account can be closed before 30-4-2009. If there is default in remitting any of the instalments as afore-directed, the benefit of this judgment will stand recalled and this writ petition will stand dismissed automatically, enabling the respondents to forthwith proceed with further distress action. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/23/12 // True copy // P.A. to Judge.