IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 3019 of 2009(H) ------------------------------------- PETITIONER: ------------------- R.JAYASREE, W/O.B.S.SHYAMALA KUMAR, R/ AT 91,SECTOR V, PUSHPAVIHAR, SAKET NEW DELHI-17, NOW EMPLOYEED AS U.D.CLERK,INTELLIGENCE BUREAU, MINISTRY OF HOME AFFAIRS,GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI. BY ADVS. MR.M.RAMASWAMY PILLAI, MR.P.M.JOSEPH. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY SECRETARY,MINISTRY OF HOME AFFIARS,GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI. 2. THE AUTHORISED OFFICER, CHIEF MANAGER (ADVANCES),STATE BANK OF TRAVANCORE, REGION I, ZONAL OFFICE, SHANTHI NAGAR, THIRUVANANTHAPURAM. 3. STATE BANK OF TRAVANCORE,BAKERY JUNCTION BRANCH, THIRUVANANTHAPURAM, REP.BY ITS BRANCH MANAGER. R2 & R3 BY ADV. MR. R.S. KALKURA, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.3019 of 2009-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of January, 2009. JUDGMENT The petitioner, who works as an Upper Division Clerk in the Ministry of Home Affairs and is presently stated to be employed in New Delhi, had availed a facility from the third respondent bank. On default in repayment, action was taken under the SARFAESI Act. She moved this Court challenging the proceedings and obtained Ext.P7 judgment by which she was granted an opportunity to pay off the outstandings in six equal monthly instalments starting from October, 2008, after paying Rs.1 lakh within one month. That direction, if carried out, would have ensured that the entire amounts due to the bank would be available with it by the end of the current financial year. After that judgment, the petitioner lost her husband. She, thereupon, WP(C)3019/2009 -: 2 :- moved I.A.11890/2008 and this Court had granted her the benevolence of enlargement of time to pay the first instalment due under Ext.P7 judgment. With the amount of Rs.1 lakh paid today, the total outstandings thus got reduced. The petitioner could not, however, pay the remaining instalments. She excepts to arrange to sell off another item of property. The petitioner entered into an agreement and as a last resort, the petitioner states that she would be able to pay off the entire outstandings by 25th of March, 2009. The learned counsel for the bank states that the petitioner having failed to remit the instalment No.2 onwards in terms of Ext.P7 judgment, she may not be given further regularization and the total accruals have to be recovered. The total accruals have necessarily to come before the end of the current financial year. Otherwise, the securitisation has to be completed by taking over possession before that. Hence, as a last resort, this writ petition is ordered directing that while the CJM will be at WP(C)3019/2009 -: 3 :- liberty to pass orders of dispossession in the application of the bank pending under Section 14 of the SARFAESI Act, the enforcement of that order will stand deferred by the force of this judgment to the 26th of March, 2009 and if the petitioner fails to pay the entire outstandings and settle the transaction subject to any concession that the bank may give, taking into consideration any request of the petitioner in that regard, she will be dispossessed on 26th March, 2009. It is also clarified that the petitioner will not be granted enlargement of time frame fixed as per this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/100209