IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 25284 of 2010(I) -------------------------- PETITIONER(S): --------------- SMT. BABY, W/O. LATE LALGI.N., MUKALUVILA PADINJATTATHIL, PANNIVIZHA ADOOR, PATHANAMTHITTA-691523. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): --------------- 1. THE KERALA STATE CO-OPERATIVE BANK LTD., PATHANAMTHITTA BRANCH, REPRESENTED BY ITS MANAGER, VILAVINAL, RAJ TOWERS, PATHANAMTHITTA-689645. 2. AUTHORIZED OFFICER(REGIONAL MANAGER-IN CHARGE) THIRUVANANTHAPURAM REGIONAL OFFICE, STATE CO-OPERATIVE BANK BUILDING JUNCTION, THIRUVANANTHAPURAM-695001. ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------- W.P(C) No.25284 of 2010-I ---------------------------- Dated this the 17th day of September, 2010. J U D G M E N T Petitioner is a widow, whose properties are now proceeded against under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), for realising amounts due in a loan account availed by her deceased husband, from the first respondent Bank. The loan in question was availed by the deceased husband as a cash credit facility for the conduct of a gas agency. The loan was secured by mortgage of property having an extent of 97.15 ares including the building situated therein. According to the petitioner the property is worth more than Rs.1 crore. Pursuant to steps initiated under the SARFAESI Act, Ext.P5 notice was published putting the property for sale through public auction. The action was challenged on the ground that the property belongs to the deceased husband and that no notice was issued to the legal heirs, before proceeding with steps for sale. It is also stated that the petitioner got license of the gas agency transferred into her name, and she W.P(C) No.25284 of 2010-I 2 had resumed business. It is the complaint of the petitioner that inspite of approaches made before the Bank offering to regularise payments in the loan account, proceedings for sale of the property is being pursued without considering such request. 2. Considering the effective alternate remedy available, I am not inclined to entertain this writ petition. The sale proclaimed under Ext.P5 was scheduled on 13.8.2010. By virtue of an interim order confirmation of sale was restrained by this Court. However it is conceded that no sale was materialised on that day. The petitioner had filed I.A.No.12331 of 2010 for a direction to the respondents to exclude items No.V and IX mentioned in Ext.P2, which consists of residential houses and where the family members are residing. It is also prayed for a direction to the respondents to consider waiver of interest and other penal charges to the possible extent. 3. Learned counsel appearing for the respondent Bank, on the basis of instructions, submitted that the Bank is ready and willing to proceed at the first instance against properties other than items V and IX mentioned in Ext.P2, and that those two items of properties need be proceeded against only if the amount due is not W.P(C) No.25284 of 2010-I 3 realised by sale of other items. For the purpose of considering waiver of any amount, it is submitted that, the petitioner has to approach the appropriate authority in the Bank and the decision will be dependent on the policies and schemes of the first respondent Bank. 4. Under the above circumstances, on the basis of submission made on behalf of the respondents, the writ petition is disposed of directing the respondents not to proceed with sale of items V and IX mentioned in Ext.P2, at the first instance. It is made clear that those properties can be proceeded only if amounts due under the loan account could not be realised by sale of other items of properties. 5. It is made clear that if any approach is made by the petitioner seeking waiver of interest and penal charges, the same shall be considered and a decision thereof shall be intimated to the petitioner, at the earliest possible. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// ab