IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 33454 of 2011(F) --------------------------------------- PETITIONER(S): ----------------------- 1. NAIZAM, S/O.ALIKUNJU, NAIJA MANZIL, UMAYANALLOOR. P.O, KOLLAM DISTRICT. 2. DEEJA NAIZAM, S/O.NAIZAM, NAIJA MANZIL, UMAYANALLOOR. P.O, KOLLAM DISTRICT. BY ADV. SRI.BABU S. NAIR, SRI.RAVI KRISHNAN. RESPONDENT(S): -------------------------- UNION BANK OF INDIA, KOLLAM CIVIL STATION BRANCH, KOLLAM, REPRESENTED BY ITS CHIEF MANAGER AND AUTHORISED OFFICER, PIN-691 589. BY ADV. MR.A.S.P. KURUP, SC, UBI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 33454 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD FROM 5-1-2007 TO 12-9-2011 ISSUED BY THE RESPONDENT BANK DATED, 12-9-2011. EXT.P2: TRUE COPY OF THE JUDGMENT DATED,19-9-2011 IN W.P(C).24809/11 OF THIS HONOURABLE COURT. EXT.P3: TRUE COPY OF THE RECEIPT ISSUED BY THE BANK REGARDING THE PAYMENT MADE BY THE PETITIONER. EXT.P4: TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE SAJINA S TO THE PETITIONERS DATED, 2-12-2011 FOR TAKING ACTUAL PHYSICAL POSSESSION OF THE SECURED ASSETS ON 14-12-2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.33454 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2011 J U D G M E N T The petitioners are defaulters in repayment of loan amounts due from them to the respondent. The respondent initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The petitioners challenged the same before this Court in W.P. (C) No.24809/2011, in which this Court granted the facility of regularising the loan account to the petitioners. According to the petitioners, despite the petitioners paying the amounts required for regularising the loan account, the respondent has again initiated proceedings under the Act. It is under the above circumstances, the petitioners have filed this writ petition seeking the following reliefs: “i) Call for the entire records leading up to Exhibit P4 and quash the same by the issuance of a writ of certiorari or any other appropriate writs, orders or directions; ii) issue a writ of mandamus commanding the respondent not to dispossess the petitioners from their building and W.P.(C)No.33454 of 2011 -2- property as per Exhibit P4 notice, and also direct the bank to regularise the housing loan after receiving the entire outstanding arrears, which is due to the bank as on today;” The learned Standing Counsel for the Bank submits that there was some dispute as to whether the petitioners have paid the amounts due for regularising the loan account. But now they have made it up-to-date and as such there are no arrears pending today. In the above circumstances, this writ petition is disposed of directing the petitioners to pay the future instalments on due dates as per Ext.P2 judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/