IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 15054 of 2011(F) -------------------------------------- PETITIONER(S): ---------------------- SHYAMALA, AGED 56 YEARS, W/O. SASIDHARAN, SOJA BHAVAN, KALKKODE P.O., PUTHAKULAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): -------------------------- 1. THE NEDUNGOLAM SERVICE CO-OPERATIVE BANK LTD. NO.Q-2845, REPRESENTED BY ITS SECRETARY, NEDUNGOLAM P.O., KOLLAM DISTRICT, PIN - 691 334. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, CIVIL STATION, KOLLAM-691 001. 3. THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, NEAR CIVIL STATION, KOLLAM-691 001 4. THE SPECIAL SALE OFFICER, ADICHANELLUR PHARMERS SERVICE CO-OPERATIVE BANK AND NEDUNGOLAM SERVICE CO-OPERATIVE BANK GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), NEAR CIVIL STATION, KOLLAM-691 001. 5. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001. R1 BY ADV. SRI.B.SURESH KUMAR. R2 TO R5 BY GOVT. PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 15054 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 27/09/2007. EXT.P2: COPY OF THE COMMUNICATION DATED 26/12/2009, GIVEN BY THE 3RD RESPONDENT TO THE PETITIONER'S HUSBAND. EXT.P3: COPY OF THE REPRESENTATION DATED 09/12/2010. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 15054 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2011 J U D G M E N T The petitioner is challenging proceedings initiated by the 1st respondent under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) for recovery of loan amounts due from the petitioner to the 1st respondent. This is opposed by the counsel for the 1st respondent. He submits that, the sale pursuant to the proceedings under the Act is over on 29.07.2007 and the total amount due as on that date is Rs.2,95,899/- and the sale was confirmed for that amount. Having heard both sides, I am of opinion that the Bank can show some more leniency to the petitioner. Accordingly this writ petition is disposed of with the following directions: If the petitioner pays Rs.2,95,899/- with interest as per W.P.(C)No. 15054 of 2011 -2- the loan agreement from 29.07.2007 within two months, the 1st respondent shall re-convey the property to the petitioner. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/