IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 10750 of 2009(K) -------------------------- PETITIONER(S): --------------- SABUKHAN S/O. A.S.KHAN, VADAKKENALUTHUNDATHIL HOUSE, THONNALOOR, PANDALAM, PATHANAMTHITTA. BY ADV. SRI.S.SANAL KUMAR RESPONDENT(S): --------------- SOUTH MALABAR GRAMIN BANK, PANDALAM BRANCH, REPRESENTED BY ITS GENERAL MANAGER, PANDALAM. BY ADV.SRI.T.R.RAVI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.10750 OF 2009 ------------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT The petitioner availed a loan from the respondent. On default in repayment, action has been taken under the SARFAESI Act. He states that owing to a motor accident, he suffered injuries and had to retire from the Gulf where he had been working. He also states that he has to discharge the liabilities of his father. Whatever that be, there is no jurisdictional error or legal infirmity in the impugned proceedings. The action against the petitioner could be deferred only on payment of substantial amounts. Taking the total outstandings into consideration, it is ordered that distress action will stand deferred if the petitioner remits amounts at the rate of Rs.1,50,000/- per month, payable on or before the last working day of every month, commencing from April, 2009. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and WPC.10750/09 Page numbers distress action will follow. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.4/4.