IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 32557 of 2009(L) -------------------------- PETITIONER(S): --------------- JENNIS JOSEPH, AGED 36 YEARS, S/O. N.P.JOSEPH, MANKUZHY HOUSE, AYYAMPILLY.P.O. COCHIN-682001. BY ADV. SRI.T.O.XAVIER RESPONDENT(S): --------------- 1. UNION BANK OF INDIA, M.G.ROAD, COCHIN-682035. 2. UNION OF INDIA, REPRESENTED BY SECRETARY FINANCE DEPARTMENT, NEW DELHI. R1 BY ADV. SRI. ASP KURUP, SC. R2 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 32557 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2009 J U D G M E N T 1. On invoking remedies under Section 14 (1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), possession of the secured asset has already been taken over by the Advocate Commissioner appointed by the Chief Judicial Magistrate Court. Contention of the petitioner is that the entire proceedings initiated under the SARFAESI Act is vitiated by irregularities. The learned standing counsel appearing for the respondents on the other hand submitted that the property now taken over possession is a residential building wherein third parties are put in possession by the petitioner. Therefore it is contended that even on the action of eviction there is no direct grievance to the petitioner. It is further contended that the petitioner has got an effective alternate remedy under the statute and W.P.(C)No. 32557 of 2009 -2- the alleged irregularities with respect to the proceedings cannot be challenged in this writ petition. 2. Having confronted with the above contentions, learned counsel for the petitioner conceded that the petitioner is ready and willing to pay off the entire liability provided reasonable time is granted to pay the amount in installments. It is further submitted that while taking over possession, the personal belongings of those who were residing therein are also taken into custody and such personal belongings are things needed for the day-to-day life of those persons. 3. Having considered facts and circumstances of the case and having regard to the rival contentions, I am of the opinion that some indulgence can be shown in the matter of permitting the petitioner to pay off the entire liability within a reasonable time in installments. 4. Accordingly the writ petition is disposed of permitting the petitioner to pay off the entire balance outstanding along with interest and expenses liable, in five W.P.(C)No. 32557 of 2009 -3- (5) equal monthly installments starting from 30.11.2009 and on or before the last day four (4) succeeding months. If the amounts as stipulated above is paid without any failure, the respondents are directed to keep in abeyance all further action for sale of the secured asset and on payment of the entire balance the petitioner shall be put back in possession of the secured asset. 5. It is also made clear that if any personal belongings are retained within the house which is taken into custody, the same may be released after obtaining proper receipt from the petitioner. The writ petition is disposed of with the above observations. C.K. ABDUL REHIM JUDGE shg/