IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WP(C).No. 30892 of 2009(F) -------------------------- PETITIONER(S): --------------- ANAS P.M., AGED 43 YEARS, S/O.MOHAMMED P.K., MATTAKOMBANAL HOUSE (PARANANIYIL), ERATTUPETTA, KOTTAYAM DISTRICT KERALA - 686 121. BY ADV. SRI.A.P.SUBHASH RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, KOTTAYAM DISTRICT, CIVIL STATION, KOTTAYAM. 2. TAHSILDAR (RR), MEENACHIL TALUK, PALA 3. VILLAGE OFFICER, ERATTUPETTA VILLAGE, ERATTUPETTA, KOTTAYAM DISTRICT. 4. GIC HOUSING FINANCE LIMITED, IST FLOOR, D.NO.XL/5396-A, ELIAS CHAMBERS, NEXT TO SARITHATHEATRE, BANERJI ROAD, COCHIN - 682 018 REPRESENTED BY ITS AUTHORIZED OFFICER. R1 TO R3 BY GOVT. PLEADER SRI. BIJOY CHANDRAN R4 BY ADV. SRI.K.JAJU BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ WP(C).No. 30892 of 2009(F) APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE DEMAND NOTICE ISSUED BY 3RD RESPONDENT DATED 21.10.2009. P2. COPY OF THE NOTICE UNDER SECTION 13 (2) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 DATED 07.09.09. P3. COPY OF REPLY DATED 17.09.09 ISSUED BY THE PETITIONER AGAINST EXT. P2. P4. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT FOR UNDER ONE TIME SETTLEMENT SCHEME (OTS) RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE shg/ C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 30892 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of November, 2009 J U D G M E N T 1. Consequent to default committed by the petitioner in repayment of housing loan availed from the 4th respondent, revenue recovery proceedings was initiated as evidenced by Ext.P1. Simultaneously proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) was also initiated. Notice under Section 13 (2) was served on the petitioner as evidenced by Ext.P2. Grievance of the petitioner is that inspite of Exts.P3 & P4 representations submitted seeking One Time Settlement as well as time for payment of the arrears in installments, the 4th respondent is not considering those requests and coercive steps are being persued. W.P.(C)No. 30892 of 2009 -2- 2. This court through an interim order dated 30.10.2009 directed the petitioner to remit the amount of Rs.2 lakhs within two weeks. It is submitted by both sides that the said amount has already been paid. 3. Learned standing counsel appearing for the 4th respondent, on the basis of instructions, submitted that on payment of the above said amount of Rs.2 lakhs the defaulted arrears stands wiped off. Therefore the 4th respondent is taking a lenient view in permitting the petitioner to continue future repayments in accordance with the original schedule of repayment. 4. Under the above circumstances the writ petition is closed recording the submission on behalf of the 4th respondent and directing the petitioner to continue payment of monthly installment due under the loan account in future, without any default. W.P.(C)No. 30892 of 2009 -3- 5. It is made clear that on the event of default in payment of any installments, the respondents are free to proceed with further steps pursuant to Exts.P1 & P2 notices. C.K. ABDUL REHIM JUDGE shg/