IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 1820 of 2011(B) -------------------------------------- PETITIONER(S): ------------------------ INDIRA BAI, AGED 53 YEARS, W/O. LATE GOPALAKRISHNAN NAIR, NITHIN BHAVANAM, BUDHANOOR EAST, ENNAKKADU VILLAGE, CHENGANNUR, ALAPPUZHA. BY ADV. SRI.S.ABHILASH, SRI. K.SIJU. RESPONDENT(S): --------------------------- 1. THE AUTHORIZED OFFICER, STATE BANK OF MYSORE, TMR BUILDINGS, MARKET ROAD, CHENGANNUR-689 121. 2. THE MANAGER, STATE BANK OF MYSORE, CHENGANNUR BRANCH, CHENGANNUR-689 121. R1 & R2 BY ADV. MR.LAL K.GEORGE, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.1820 of 2011 ------------------------------------------- Dated this the 31st day of January, 2011 J U D G M E N T ---------------------- Confronted with coercive steps taken for physical dispossession from the property and residence, the petitioner is filing this writ petition. Consequent to default committed in repayment of a loan availed by the petitioner from the respondent Bank, proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) was initiated. On an earlier occasion, when the petitioner approached this court against the coercive steps, sufficient indulgence was shown in permitting the petitioner to clear off the liability in instalments. It is evident from Ext.P2 judgment in WP(C). 34220/09 that on remittance of a sum of Rs.1 lakh during pendency of that writ petition, this court permitted the petitioner to pay off the balance amount in 5 (five) equal monthly instalments starting from 30.3.2010 onwards. But it is evident that the petitioner had failed to take advantage of the facility granted. At present an Advocate Commissioner W.P.(C).1820/11 -2- appointed by the Chief Judicial Magistrate Court, in a proceedings initiated under Section 14(1), had issued Ext.P1 notice. According to the petitioner, if physical dispossession happens, the petitioner and her family members will be thrown to street. Hence she is seeking further indulgence. 2. Considering the fact that the petitioner is sought to be evicted from her homestead, this court had granted an interim stay against dispossession, subject to condition of the petitioner remitting a sum of Rs.1,50,000/-. It is admitted that the amount stipulated has already been paid. Learned Standing Counsel appearing for the respondent Bank submitted that the balance still outstanding is more than Rs.1.68 lakhs. 3. Considering the fact that the petitioner has not invoked any statutory remedy available and also considering the fact that the petitioner had defaulted the condition stipulated in Ext.P2 judgment this court is not at all justified in entertaining this writ petition. 4. However, learned counsel for petitioner made a plea for benevolence of this court in permitting payment of the entire balance outstanding on or before 31.3.2011. Counsel appearing for the respondent Bank opposes such prayer. W.P.(C).1820/11 -3- 5. Considering the entire facts and circumstances, I am of the view that the petitioner being a widow, who is under the threat of dispossession from her homestead, can be provided with time till 31.3.2011 for making payment, as a last chance. 6. Accordingly the writ petition is disposed of directing the respondents to keep in abeyance dispossession and sale of the immovable property, provided the petitioner remitting the entire balance along with future interest and expenses in 2 (two) equal monthly instalments falling due on or before 28.2.2011 and on or before 31.3.2011. 7. It is made clear that if any default is committed in complying with the above stipulations, the respondents will be free to proceed with further steps and on such event the petitioner will be precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM, JUDGE. okb