IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 34723 of 2008(H) --------------------------------------- PETITIONER: ------------------- KAMALAKSHY, AGED 74 YEARS, W/O.SIVARAJAN PUTHUSSERIL HOUSE, VADAKKEKARA P.O. CHANGANASSERY. BY ADV. SRI.SURIN GEORGE IPE. RESPONDENT: --------------------- STATE BANK OF TRAVANCORE, CHANGANACHERRY S.B. COLLEGE BRANCH, REPRESENTED BY ITS MANAGER. BY ADV. SRI. SATHISH NINAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.34723 of 2008-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of November, 2008. JUDGMENT 1.Having heard learned counsel for the petitioner and the learned counsel for the respondent, this writ petition is being disposed of recording that the submission of the petitioner that her son, the principal debtor has not filed any other writ petition and that he would avoid any other matter on the basis of this transaction. On such submission, the petitioner's son is hereby precluded from challenging the impugned transaction. This judgment is issued without prejudice to his right to seek review of this judgment, if necessary. 2.No grounds on merits are pressed. The petitioner was the guarantor for a facility availed by her WP(C)34723/2008 -: 2 :- son. Repayment was defaulted. That led to action under the SARFAESI Act. Section 13(2) notice was issued in February, 2007. No amount was paid. Now, the petitioner is about to be dispossessed in terms of Sections 13(4) and Section 14, following the order of the CJM. No ground of illegality or error of jurisdiction is even pointed out. The submission is confined to a request for a facility for time to pay off the entire outstandings. Having heard the learned counsel for parties, it is ordered that if the petitioner deposits an amount of Rs.1 lakh within two weeks and the remaining amounts in three equal monthly instalments on or before the 28th of every month commencing from January, 2009, the impugned distress action will be dropped. Any request of the petitioner for waiver of any portion of the total outstandings would be considered in the commercial wisdom of the bank, after the petitioner remits the aforesaid amount of Rs.1 WP(C)34723/2008 -: 3 :- lakh and the instalments due in January and February, 2009. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/261108