IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 27969 of 2008(D) -------------------------- PETITIONER: ------------ 1. VALSAMMA JOY 'MAZUVANNOR' HOUSE MELAMPARA P.O., KOTTAYAM DISTRICT. 2. JOY ABRAHAM, 'MAZUVANNOR' HOUSE, MELAMPARA P.O., KOTTAYAM DISTRICT. BY ADV. SRI.V.HARI KRISHNAN RESPONDENTS: ------------- 1. THE DISTRICT CO-OPERATIVE BANK, KOTTAYAM, REPRESENTED BY ITS GENERAL MANAGER. 2. THE AUTHORISED OFFICER, DISTRICT CO-OPERATIVE BANK, KOTTAYAM 3. THE BRANCH MANAGER, DISTRICT CO-OPERATIVE BANK, PALA TOWN BRANCH, PALA, KOTTAYAM DISTRICT. BY ADV.SRI.T.A.SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.27969 OF 2008 ------------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT Petitioners challenge recovery proceedings under the SARFAESI Act, initiated as per Exts.P1 and P2. Second petitioner is the husband of the first petitioner. It appears from the materials on record that the first petitioner was seriously ill and the petitioners have married off their daughter recently. Under such circumstances, giving up all other contentions and also giving up the right of the petitioners, if any, to move the Debt Recovery Tribunal under the SARFAESI Act, learned counsel for the petitioners submitted that though his clients may not be possible to pay the amounts in instalments, they may be given a last opportunity of four months to pay off the entire outstandings. This submission is recorded and repelling all other contentions and holding that there is no jurisdictional error or legal infirmity in the impugned proceedings, it is directed that the respondents will list the impugned sale WPC.27969/08 Page numbers proceedings to a date immediately after four months, as last opportunity. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.