IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 R. P.No. 869 of 2009(K) --------------------- ( AGAINST THE ORDER IN WPC.22948/2009 Dated 12/08/2009) REVIEW PETITIONER/PETITIONER: --------------------------------- USHAKUMARI JEEVAN, W/O.JEEVAN, T.C.27/1750, SIVODAYAM, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.R.S.MADHU SRI.K.MOHANAKUMAR RESPONDENTS/ RESPONDENTS ----------------------------------- 1. THE PUNJAB NATIONAL BANK HOUSING FINANCE LTD, THIRUVNANTHAPURAM BRANCH OFFICE, REP.BY ITS AUTHORISED OFFICER, P.N.B.HOUSING FINANCE LTD, CAPITAL TOWER, STATUE, THIRUVANANTHAPURAM. 2. M.K.GEETHAKUMARI, D/O.K.KAMALAMMA, BANK EMPLOYEE, 29/MLRA, KUMARAPURAM MEDICAL COLLEGE, THIRUVANANTHAPURAM. R1 BY ADV. MR. N. SASI. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ R.P. No.869 OF 2009 & W.P.(C) No. 22948 OF 2009 ......................................................................... Dated this the 25th September, 2009 O R D E R The Writ Petition was filed by the petitioner challenging the steps taken by the first respondent- Bank invoking the provisions under the SARFAESI Act when the husband of the petitioner, who had availed a housing loan from the Bank, turned to be a defaulter. It was contended by the petitioner that her husband was in Gulf ; that she was instructed to clear the entire amount due to the Bank and that she was ready and willing to wipe out the entire liability. 2. When the matter came up for admission, the learned Counsel for the petitioner submitted that the petitioner was ready and willing to deposit a sum of Rs. 10 lakhs within two weeks to prove her bonafides and that the balance will be cleared immediately on informing her of the outstanding R.P. No.869 OF 2009 & W.P.(C) No. 22948 OF 2009 2 amount. It was in the said circumstances that coercive steps were intercepted by this Court, as per the interim order dated12.08.2009 ordering status quo to be maintained for a period of one month, on condition that the petitioner deposited a sum of Rs.10 lakhs within two weeks. The petitioner has now come up with the Review Petition seeking to have the said interim order varied or modified, since the actual amount to be paid to the Bank, as ascertained from the Bank is only a sum of Rs. 3,29,374/- and that she is ready ad willing to clear the entire amount, which however has not been accepted by the Bank so as to close the account in view of the interim order directing to remit a sum of Rs. 10 lakhs as originally offered from her side. 3. Considering the nature of the contentions raised from the part of the petitioner and her willingness to clear the entire liability, this Court does not find it necessary to issue any notice to the second respondent who is none other than the sister of the petitioner against whom some insinuation has been made in the Writ Petition in connection with the loan transaction. R.P. No.869 OF 2009 & W.P.(C) No. 22948 OF 2009 3 4. The learned Counsel appearing for the respondent Bank submits, on instruction, that despite losing the case filed by the second respondent, as borne by Ext. Ext.P1 judgment, a portion of the liability had already been satisfied by the second respondent and that the remaining liability as on 31.08.2009 was only Rs.3,61,200/- with subsequent interest, as per the terms of the loan. 5. The learned Counsel for the petitioner submits that the petitioner is ready and willing to clear the said amount including the balance payable towards subsequent interest and expenses, if any, within a period of ten days from communicating the quantum. In the said circumstances, both the Review Petition and the Writ Petition are disposed of, directing the petitioner to pay a sum of Rs.3,61,200/- to the first respondent/Bank within one week, on which event, the first respondent shall communicate as to the balance amount payable, if any, towards subsequent interest/expenses, within a period of one week thereafter. On R.P. No.869 OF 2009 & W.P.(C) No. 22948 OF 2009 4 communicating the same, the petitioner shall clear the said liability as well, within a further period of one week. On clearing the entire liability as above, the title deeds and such other records surrendered by the husband of the petitioner at the time of availing the loan shall be returned to the borrower or petitioner (wife of the borrower ) on production of proper authorisation in this regard, which however shall be done as expeditiously as possible P.R. RAMACHANDRA MENON, JUDGE. lk