IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 33601 of 2008(A) -------------------------- PETITIONER(S): --------------- ROYCHAN.V.A., VALLANATTU HOUSE ULLANADU PO., KOTTAYAM. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): --------------- 1. SECRETARY, KOTTAYAM DISTRICT CO.OP. BANK LTD., DISTRICT CO.OP.BANK BUILDING, KOTTAYAM-686001. 2. P.N.SOMAN PILLAI, AUTHORISED OFFICER, KOTTAYAM DISTRICT CO.OP.BANK LTD.DISTRICT CO.OP. BANK BUILDING, KOTTAYAM-686001. BY ADV.SRI.T.A.SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.33601 OF 2008 ------------------------------------------- Dated this the 14th day of November, 2008 JUDGMENT Heard learned counsel for the petitioner and learned standing counsel for the respondent bank. 2. The petitioner is aggrieved by action under Section 13 (4) of the SARFAESI Act. As of now, sale is listed to be held tomorrow. The contention of the petitioner is that the property in question is an agricultural land and is exempted from the provisions of the Act. But there is no material on record to hold that the property is an agricultural land. Not only that, though he received the demand notice dated 19.2.2007, issued more than 1 ½ years ago under Section 13 (2), it is not shown that he had filed any objections to that notice stating that the Act does not apply. I do not, therefore, find any jurisdictional error or legal infirmity in the impugned proceedings. WPC.33601/08 Page numbers Faced with such situation, learned counsel for the petitioner submits that his client gives up all other contentions, including his right to move the Debt Recovery Tribunal against the impugned proceedings and confines his request to be one for leave to pay off the outstandings and escape from distress action. Accordingly, it is ordered that if the petitioner remits an amount of Rs.25,000/- within one week and continues to remit the entire remaining portion, including accruals, in six equal monthly instalments, payable on or before the 20th of every month commencing from December, 2008, the impugned distress action will be deferred and ultimately dropped, though, as of now, the bank will be entitled to hold the sale without confirming it or accepting any offer. However, if there is default in remitting any of the amounts as aforesaid, the benefit of this judgment shall stand recalled automatically and distress action shall follow. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.