IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 28680 of 2008(L) -------------------------- PETITIONER(S): --------------- 1. PATHUMMAL BEEVI, THUNDATHIL KIZHAKKETHIL, KANNANKODE P.O., ADOOR. 2. MINI JAFFERKHAN, W/O.JAFFERKHAN, THUNDATHIL KIZHAKKETHIL, KANNANKODE P.O., ADOOR. BY ADV. SRI.D.KISHORE RESPONDENT(S): --------------- 1. UNION BANK OF INDIA REPRESENTED BY ITS DEPUTY GENERAL MANAGER, REGIONAL OFFICE, UNION BANK BHAVAN, P.B.NO.307, M.G.ROAD, STATUE, THIRUVANANTHAPURAM-695 001. 2. THE SENIOR MANAGER, UNION BANK OF INDIA, ADOOR, PIN 691 523. BY ADV.SRI.A.S.P.KURUP, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.28680 OF 2008 ------------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT The petitioner challenges the SARFAESI Act proceedings and seeks adjournment of sale. There is no jurisdictional error or legal infirmity in the impugned proceedings. An amount of Rs.15,00,000/- was remitted following the interim order dated 26.9.2008. It was stated on 7.10.2008 that the petitioners undertake to pay the entire remaining amounts by the end of November. The petitioners were directed to file an affidavit to that effect. That has been done. The second petitioner has filed an affidavit on behalf of the first petitioner also, undertaking to pay the entire outstandings on or before 30.1.2008. This affidavit is received, recorded and is maintained as an undertaking to this Court. On the basis of that undertaking and because the petitioners have given up all other contentions and have also foregone their right to move the Debts Recovery Tribunal or any other tribunals or courts challenging the impugned proceedings, this writ petition is ordered directing WPC.28680/08 Page numbers that all further proceedings will stand deferred till 1.12.2008 and will be enforced forthwith if the entire outstandings are not wiped off on or before 30.11.2008. If the Bank is satisfied regarding the discharge of the entire outstandings, further proceedings shall stand dropped. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.