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. 20288 of 2007(M) --------------------------------------- PETITIONER: ------------------- P.K. ACHUTHAN, AGED 45 YEARS, S/O. P.C.KRISHNAN CHETTY, PATTIYAMBAM HOUSE, THOVARIMALA POST, WAYANAD. BY ADVS. MR.P.V.ANILKUMAR, MR.E.D.GEORGE. RESPONDENTS: ------------------------ 1. THE MANAGER, STATE BANK OF TRAVANCORE, SULTHAN BATHERY BRANCH, WAYANAD. 2. M/S. STATE BANK OF TRAVANCORE, HEAD OFFICE, POOJAPPURA, THIRUVANANTHAPURAM, BRANCH AT SULTHAN BATHERY, WAYANAD. 3. AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE, REGION-II, ZONAL OFFICE, KOZHIKODE-613 004. R1 TO R3 BY MR. M.PATHROSE MATTHAI, SENIOR ADVOCATE, ADV. MR.SAJI VARGHESE. 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.20288/2007-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE DTD. 22/06/2007 RECEIVED BY PETITIONER FROM THE R.3. EXT.P.2: COPY OF THE POSSESSION NOTICE DTD. 22/06/2007 RECEIVED BY PETITIONER FROM THE R.3. EXT.P.3: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER BEFORE THE RESPONDENTS. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 20288 of 2007 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 8th day of April., 2009 J U D G M E N T The petitioner is challenging the proceedings taken by the respondent bank under the relevant provisions of the SARFAESI Act in respect of the amount stated as due from the petitioner to the bank under a loan facility extended to him. When the above matter has come up for admission before this Court on 04.07.2007, an interim order was passed granting interim stay on condition that petitioner paid a sum of Rs.50,000/- and filed a representation before the 1st respondent claiming the benefit of “OTS” on which event, it was observed that the competent authority or the 2nd respondent would take a decision thereon within one month thereafter. It was also observed that the bank would inform the petitioner as to the amount which is liable to be paid by the petitioner for closing the loan account under the Scheme and on satisfying the terms as above, no further action would be taken for evicting the petitioner from the residential building. In view of the interim order, nothing further remains to be considered in the Writ Petition. The petitioner is at liberty to pursue his rights and remedies flowing from the interim order as aforesaid. The above interim order is made absolute and the Writ petition is disposed of accordingly. P.R.RAMACHANDRA MENON, JUDGE kmd.