IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 30525 of 2008(H) --------------------------------------- PETITIONER: ------------------- THANKAMMA JOSEPH, W/O.SUNNY ALEXANDER, CHALAVEETTIL, THELLAKOM, KOTTAYAM. BY ADV. SMT.S.MUMTAZ. RESPONDENTS: ------------------------ 1. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., ETTUMANOOR BRANCH, REPRESENTED BY ITS SECRETARY, ETTUMANOOR, KOTTAYAM. 2. THE AUTHORISED OFFICER, KOTTAYAM DISTRICT CO-OPERATIVE BANK, KOTTAYAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R3 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR, R1 & R2 BY ADV. SRI. T.A. SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.30525 of 2008-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of October, 2008. JUDGMENT The petitioner availed a loan from the first respondent and defaulted in repayment. As a consequence, the loan was recalled and the petitioner was issued a notice on 3-3-2005 calling upon her to repay the outstandings. That was not paid. With the passage of time, proceedings under the SARFAESI Act were initiated under Section 13(4) and constructive possession was taken on 21-11-2006 as per Ext.P1. Even then, no amounts were paid. This writ petition is filed on 15-10-2008 and moved today when the bank has listed the property for sale day after tomorrow on 18-10-2008, after the debt has grown to Rs.9,90,100/- as on 2-9=2008. I do not find any ground to come to the aid of the petitioner since I find no method being projected in the writ WP(C)30525/2008 -: 2 :- petition whereby she could wipe off the outstandings otherwise than by sale. The plea of the petitioner that the property is worth much more than the reserve price fixed in Ext.P2 can be taken care of by her, if she provides purchasers at the time of sale for any higher amount for which she could find a purchaser. The writ petition hence fails. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/171008