IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 21895 of 2009(F) -------------------------- CMP.1714/2009 of C.J.M.,MANJERI .................... PETITIONER: --------------- K. ABDUSALAM HAJI, AGED 62 YEARS, S/O KUNHAYIN KUTTY, KALLINGALAKATH HOUSE, MANGALAM VILLAGE, CHENNARA PO., MALAPPURAM BY ADV. MR. A.RANJITH NARAYANAN MS. A.SIMI RESPONDENTS: --------------- 1. THE TIRUR URBAN CO.OPERATIVE BANK LIMITED, F 1818, TIRUR, MALAPPURAM REP. BY ITS AUTHORIZED OFFICER (ASSISTANT GENERAL MANAGER) 2. STATE OF KERALA REPRESENTED BY THE LEARNED GOVERNMENT PLEADER, HIGH COURT OF KERALA R1 BY ADV. MR. P.J. DEVAPRASANTH R2 BY GOVERNMENT PLEADER MR. P.K. BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 21895 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd day of August, 2009 JUDGMENT The petitioner has approached this Court, challenging the steps taken by the respondent Bank, invoking the relevant provisions under the SARFAESI Act, seeking to realize the balance due amount in respect of the loan availed by the petitioner few years back. The learned counsel for the petitioner submits that, out of the total sum of Rs.42 lakhs, stated as due from the petitioner, a sum of Rs. 20 lakhs has already been paid, pursuant to the direction given by this Court vide Ext.P1 and the receipts have been produced as Ext.P2. The only interference now sought for is to have breathing time till the 15th of September, 2009, stating that the petitioner does not require any further installment to clear the balance liability, but for enabling him to clear the balance amount in a lump sum within that time. 2. Heard the learned counsel for the Bank as well, who submits on instructions that, the petitioner has cleared a sum of Rs.20 lakhs after passing Ext.P1 judgment. The learned counsel further submits that, the matter has already become final by virtue of Ext.P1 judgment. However, earnest efforts are stated as being taken by the petitioner for arranging sale of some other properties, which is being pursued on 'war footing' and considering the same and also the large extent of liability to WP (C) No. 21895 of 2009 : 2 : be cleared, the Bank has also thought it fit and proper to give one more opportunity to the petitioner as the last chance. 3. In the above facts and circumstances, the petitioner is directed to satisfy the entire outstanding liability to the respondent Bank on or before the 15th September, 2009. It is made clear that, if the petitioner does not prove his word by his deed, the coercive proceedings, which are hereby ordered to be kept in abeyance, could be revived by the respondent Bank, from the stage where it stands now, for realization of the entire balance amount in lump sum. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd