IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 28630 of 2008(G) --------------------------------------- CMP.3236/2008 OF CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER: ------------------- VINI ,D/O LATE M.L. ANTO, MAPRANATHU HOUSE, V/463, ALLAPRA P.O., PERUMBAVOOR. BY ADV. SRI.JEEMON K.ABRAHAM. RESPONDENTS: ----------------------- 1. DHANALAKSHMI BANK LTD., ZONAL OFFICE, MARINE DRIVE, KOCHI, REPRESENTED BY ITS AUTHORISED OFFICER, 2. LEELA ANTO, W/O LATE M.L. ANTO, MAPRANATHU HOUSE, V/463, ALLAPRA P.O., PERUMBAVOOR. ADV. SRI.C.K.KARUNAKARAN,SC,DHANALAKSHMI BANK FOR R1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.28630 of 2008-G ================================== Dated this the 6th day of October, 2008. JUDGMENT The petitioner faces distress action under the SARFAESI Act on account of failure in repaying a loan availed. The proceedings have reached the stage where an order under Section 14 of that Act has been issued by the competent magistrate. The plea is that after the death of M.L.Anto, who, along with the second respondent availed the facility, died on 10-8-2006, the petitioner, daughter of late Anto, was not brought on record. The second respondent, his widow, being on array, there is no reason why the proceedings could not have gone through. The said Anto was a co-obligant towards the facility availed by one Siby Mathew. Having regard to the fact that there is no jurisdictional error or legal infirmity in the impugned proceedings, I do not find any ground to WPC28630/08 -:2:- interfere with that. Following the interim order on 25-9-2008, the petitioner has deposited an amount of Rs.5 lakhs. Having heard the learned counsel for parties, rejecting all contentions and precluding the petitioner from moving the DRT or any other authority as regards the impugned proceedings, this writ petition is ordered directing that the petitioner will be given two months' time to liquidate the outstandings and if the petitioner seeks for any slashing of the total outstandings, the bank will consider such request in terms of its policies and the law. Thottathil B.Radhakrishnan, Judge. sl.