IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND APRIL 2008 / 2ND VAISAKHA 1930 WP(C).No. 13254 of 2008(C) -------------------------- PETITIONER: ------------- SMT. R.S.SREEKALA, R.S.BHAVAN KOTTAMOM, PARASUVAKKAL P.O., PARASALA THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.K.B.PRADEEP RESPONDENTS: ----------------- 1. STATE BANK OF TRAVANCORE, SSI BRANCH REPRESENTED BY ITS CHIEF MANAGER, STATUTE G.H.ROAD, THIRUVANANTHAPURAM-1. 2. AUTHORISED OFFICER STATE BANK OF TRAVANCORE, SSI BRANCH STATUTE, G.H.ROAD, THIRUVANANTHAPURAM-1. R1 BY ADV. SRI.R.S. KALKURA, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------------------------- W.P.(C) No. 13254 OF 2008 ----------------------------------------------- Dated this the 22nd day of April, 2008 JUDGMENT Petitioner submits that the liability incurred by her husband to the Bank was agreed to be settled on terms specified by the Bank in Ext.P3. According to the petitioner, the total liability was said to be Rs.24 lakhs, of which three lakhs has already been paid and that such payment was made before 28.02.08. It is stated that the husband committed default and as a result of this, possession of the only residential property is going to be taken over by the Bank. It is in the circumstances, this Writ Petition has been filed. 2. Ext.P3 shows that in terms of the compromise, the payment ought to have been made before 28.02.08. Since Ext.P3 reflects an agreement between the parties, this Court will not be justified in modifying the terms thereof unilaterally and therefore I feel that the petitioner should take up the matter with the Bank and it is for the Bank to consider the request of the petitioner for enlargement of time for paying the balance dues. WPC No. 13254 OF 2008 2 3. In these circumstances, I direct that subject to the petitioner remitting Rs.10 lakhs before 7th of May 2008, further proceedings against the property will be deferred by the Bank. On such payment, I also direct that it will be open to the petitioner to make a representation before the Bank seeking the benefit of Ext.P3 and for the enlargement of the time specified therein. It is directed that if any such request is received, the Bank shall consider the same and pass orders thereon, by keeping in abeyance further coercive action against the mortgaged property. Writ Petition is disposed of as above. ANTONY DOMINIC, JUDGE ttb WPC No. 13254 OF 2008 3 WPC No. 13254 OF 2008 4