IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 33606 of 2008(A) ------------------------------------- PETITIONER(S): ------------------------ 1. THRESIAMMA SEBASTIAN, W/O. LATE DEVASSIA, KARIKKAVAYALIL HOUSE ANTHINADU P.O., KOLLAPPILLY, PALA , KOTTAYAM DISTRICT 686 651. 2. JANCY SEBASTIAN, W/O. K.S. SEBASTIAN KARIKKAVAYALIL HOUSE ANTHINADU P.O., KOLLAPPILLY, PALA , KOTTAYAM DISTRICT 686 651. 3. K.S. SEBASTIAN, S/O. LATE DEVASSIA KARIKKAVAYALIL HOUSE ANTHINADU P.O., KOLLAPPILLY, PALA , KOTTAYAM DISTRICT 686 651. 4. SHAJI SEBASTIAN, S/O. LATE DEVASSIA KARIKKAVAYALIL HOUSE ANTHINADU P.O., KOLLAPPILLY, PALA , KOTTAYAM DISTRICT 686 651. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN SRI.P.T.GIRIJAN SMT.USHA NARAYANAN RESPONDENT(S): ---------------------------- 1. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD, POST BOX NO. 140, KOTTAYAM REPRESENTED BY ITS AUTHORISED OFFICER. 2. THE KERALA FARMERS DEBT RELIEF COMMISSION, WORLD MARKET COMPLEX, AANAYARA, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. ADV. SRI.T.A.SHAJI, SC., FOR R1 GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.33606 of 2008-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of December, 2008. JUDGMENT The first petitioner is the mother of petitioners 3 and 4. The second petitioner is the wife of the third petitioner. In 2003, they availed two loans totalling to Rs.9 lacs with a repayment period of 60 months. That period has already run out. The petitioners state that they were carrying out certain operations in agriculture and animal husbandry utilizing the loan amounts. In the meanwhile, it appears that the third petitioner was hospitalized and had to undergo surgery. The transaction became sticky, owing to failure in repayment. This led to the account being classified as an NPA and action being taken under the SARFAESI Act. Possession notice was issued on 16-1-2007 following Section 13(2) notice on 7-7- 2006. This was followed by Ext.P1 notice dated 7- WP(C)33606/08 -: 2 :- 10-2008 for sale of the property. There is really no ground to interfere with the impugned proceedings because, there is no jurisdictional error or legal infirmity in the action of the respondents. Be that as it may, the petitioners have shown the bona fides in their attempt to repay, they having satisfied the interim order. Since they have made that remittance and payments even earlier and taking into consideration the total outstandings due for recovery, this writ petition is ordered directing that if the petitioners deposit an amount of Rs.3 lacs within a period of one month and continue to deposit at the rate of Rs.75,000/- per month payable on or before the last working day of every month commencing from January, 2009, the impugned distress action against them will be deferred and dropped. Having regard to the peculiar facts and circumstances and the different grounds raised, relatable to the alleged loss in the activity of the petitioners, as pointed out in the writ petition, it is clarified that this judgment does WP(C)33606/08 -: 3 :- not stand in the way of the bank extending any ameliorative measure by reducing the total outstandings by slashing the interest or otherwise, if the petitioners make request in that regard. If there is default in depositing any of the instalments as aforesaid, the benefits of this judgment will stand recalled and the writ petition will stand dismissed automatically enabling the respondents to forthwith proceed with further distress action, without fresh notice to the petitioners. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/