IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 8561 of 2009(M) ------------------------- PETITIONER(S): --------------- THRESIAMMA GEORGE, AGED 58 YEARS, W/O.GEORGE, VAZHAPARAMBIL HOUSE, CHERUTHONY. BY ADV. SRI.MATHEW ABRAHAM RESPONDENT(S): --------------- 1. THE IDUKKI DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, IDUKKI. 2. THE IDUKKI DISTRICT CO-OPERATIVE BANK LTD., VAZHATHOPE BRANCH REPRESENTED BY ITS BRANCH MANAGER, THADIAMPAD. 3. THE SPECIAL SALE OFFICER, THE IDUKKI DISTRICT CO-OPERATIVE BANK, IDUKKI. 4. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT No representation. The writ petition is dismissed for default. 30.032009. sd/- THOTTATHIL B.RADHAKRISHNAN, JUDGE /TRUE COPY/ kkb. S. SIRI JAGAN, J ................................................ W.P(C) No. 8561 of 2009 ................................................. Dated this the 14th day of December, 2009 J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due to the 2nd respondent bank. The bank has initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for coercive recovery of the loan amount. The petitioner only wants 45 days time to clear the entire dues. This is opposed by the counsel for the bank who submits that the petitioner has been given several opportunities to pay off the amounts due and the petitioner has not availed of the opportunity. The counsel for the petitioner promises that if 45 days time is given, the petitioner would be in a position to repay the entire amounts due. 2. Having heard both sides, I feel that the 2nd respondent can give 45 more days' time to the petitioner to pay off the dues, before proceeding further in the matter. Accordingly, the writ petition is disposed of with a direction to the 2nd respondent to grant the petitioner 45 more days' time from today to clear of W.P(C) No. 8561 of 2009 -2- entire liability due from the petitioner. If the petitioner does not clear off the liability within 45 days from today, it would be open to the 2nd respondent to continue the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act as already initiated without having to issue any fresh notice or proceedings in that regard. The 2nd respondent shall issue an intimation to the petitioner showing the exact amount due from the petitioner in respect of the loan transaction within one week. sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge