IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 34721 of 2008(H) -------------------------------------- CMP.3339/2008 of C.J.M.,TRIVANDRUM .................... PETITIONER: ------------------ E.JALASTTIN LOPPAS, S/O.ELIYAS, AGED 49 YEARS, LOPPAS HOUSE, ADIMALATHURA, KOTTUKAL PANCHAYATH, BALARAMAPURAM, TRIVANDRUM - 695 001. BY ADV. SRI.K.RAJESH KANNAN SRI.HARIKUMAR.S. RESPONDENT: --------------------- L.I.C. HOUSING FINANCE LTD (L.I.C. HFL), (REPRESENTED BY ITS AUTHORIZED OFFICER, C.I. JOJI, S/O.C.P.ITTIERA, AGED 43 YEARS), AREA OFFICE, 4TH FLOOR, LEELA TOWERS, KESAVADASAPURAM, TRIVANDRUM. BY STANDING COUNSEL ADV. SRI.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.34721 OF 2008 (H) ------------------------------------------------------ Dated this the 3rd day of December, 2008 J U D G M E N T Petitioner availed a loan of Rs.2,00,000/- on 5-2-2001 and has not repaid any amount. Proceedings initiated under Section 13(2) of the SARFAESI Act, resulted in an order for dispossession under Section 14 of the Act. 2. Faced with this situation, the learned counsel for the petitioner states that his client gives up all other contentions and rights, including the right to move before any statutory authority including DRT or civil court and confines his request to be only for an opportunity to save his property from distress action. Recording the aforesaid submission, it is ordered directing that if the petitioner remits an amount of Rupees one lakh within a period of three weeks and a further amount of Rupees one lakh within a further W.P.(C) No.34721/2008 - 2 - period of three weeks and continues to remit at the rate of Rs.10,000/- per month, payable on or before the last working day of every month commencing from February, 2009, the impugned distress action will be withheld and dropped on satisfaction. If there is default in remitting any of the installments as afore-directed, the benefit of this judgment will stand recalled and this writ petition will stand dismissed automatically, enabling the respondents to forthwith proceed with further distress action. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/5/12