IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 2668 of 2011(G) ------------------------- PETITIONER(S): --------------- THANKAMMA JOSEPH, W/O.SUNNY ALEXANDER, CHALAVEETTIL, THELLAKOM, KOTTAYAM. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): --------------- THE AUTHORIZED OFFICER, KOTTAYAM DISTRICT CO-OPERATIVE BANK DIST.CO-OPERATIVE BANK BUILDINGS, P.B.NO.140, KOTTAYAM - 686 001. BY SRI.T.A.SHAJI - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.2668 of 2011-G ---------------------------------------- Dated this the 17th day of February, 2011. J U D G M E N T The petitioner is challenging coercive steps initiated for dispossession from the immovable property, which is the secured asset, by invoking provisions contained under Section 14(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). It is noticed that the proceedings was challenged before this Court in a writ petition filed during the year 2008 and the same was dismissed due to non-compliance of the conditions stipulated by this Court. It is also noticed that subsequent to the sale proclaimed, the petitioner had approached the Debt Recovery Tribunal by filing S.A.No.251 of 2008. It is stated that the proceedings was not pursued since the sale was not materialised. However, it is evident that the proceedings initiated under the SARFAESI Act was being protracted since the year 2006 onwards, when the property in question was taken over W.P(C) No.2668 of 2011-G 2 possession invoking Section 13(4). Therefore, I am not inclined to entertain this writ petition to interdict with the proceedings at present, which is pending before the Chief Judicial Magistrate Court, in any manner. 2. However, it is left open to the petitioner to approach the respondent Bank seeking settlement of the account by offering payment of the amounts in instalments or by offering 'one time settlement' seeking waiver of amounts to the possible extent. It is always left open to the respondent Bank to consider any such request made and to take appropriate decision thereof. The Writ Petition is dismissed with the above observations. C.K.ABDUL REHIM JUDGE ab