IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 34985 of 2007(M) --------------------------------------- PETITIONERS: --------------------- 1. SURESH KUMAR.K., JYOTHIS, ATTUKAL, CHULLIMANOOR P.O., NEDUMANGAD, THIRUVANANTHAPURAM. 2. SMT.JYOTHI.B., JYOTHIS, ATTUKAL, CHULLIMANOOR P.O., NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. MR.B.S.SWATHY KUMAR. RESPONDENTS: ------------------------ 1. G.I.C. HOUSING FINANCE LTD., REPRESENTED BY ITS MANAGER, IST FLOOR, PTC TOWER, S.S.K.N.ROAD, THAMPANOOR, THIRUVANANTHAPURAM. 2. AUTHORISED OFFICER, G.I.C.HOUSING FINANCE LTD., IST FLOOR, PTC TOWER, S.S.K.N.ROAD, THAMPANOOR, THIRUVANANTHAPURAM. R1 & R2 BY ADVS. MR.V.M.KUTTY MOOSA, MR.P.A.ABDUL JABBAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34985/2007-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE STATEMENT SHOWING THE REPAYMENT OF THE PETITIONERS FOR THE MONTH OF 31/07/2007. EXT.P.2: COPY OF THE NOTICE SENT BY THE R.2. TO THE PETITIONERS DTD. 30/09/2007. RESPONDENTS' EXHIBITS: EXT.R(A): COPY OF THE LAWYER NOTICE ISSUED BY THE R.2. TO THE P.1. EXT.R(B): COPY OF THE LETTER ISSUED BY THE R.2. TO THE GUARANTOR OF THE PETITIONERS. EXT.R(C): COPY OF THE NOTICE ISSUED TO THE PETITIONERS UNDER SECTION 13 (4) OF SARFAESI ACT. //TRUE COPY// P.S. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 34985 of 2007 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 8th day of April, 2009 J U D G M E N T The challenge involved in the Writ Petition is against Exhibit P1 and P2 proceedings taken by the second respondent in furtherance to the steps taken by them to realize the outstanding liability of the petitioner which has been declared as 'NPA', invoking the powers under relevant provisions of SARFAESI Act. The main prayer in the Writ Petition is to enable the petitioner to clear the dues by way of installments. The above matter was admitted by this Court on 27.11.2007 and despite the completion of service of the notice and filing of counter affidavit by the respondents, no steps have been taken by the petitioner to bring up the matter further. Considering the facts and circumstances of the case, the Writ Petition is disposed of directing the respondents to consider the prayer raised by the petitioner to enable him to wipe off the entire outstanding liability by way of reasonable installments. The final orders in this regard shall be passed as expeditiously as possible and at any rate before proceeding with further steps in furtherance to Exhibit P1 and P2 proceedings. P.R.RAMACHANDRA MENON, JUDGE kmd.