IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 14617 of 2007(M) --------------------------------------- PETITIONER: ------------------ MOHAMMED HAJI C.P., S/O. SAIDALI, CHAKKALIPARAMBIL HOUSE, KADAKASSERY, AYINKALAM (P.O), MALAPPURAM DIST. BY ADV. SRI.T.K.AJITH KUMAR RESPONDENTS: ---------------------- 1. MALAPPURAM DISTRICT CO-OPERATIVE BANK, MALAPPURAM (P.O), MALAPPURAM DIST., REPRESENTED BY ITS SECRETARY. 2. GENERAL MANAGER IN-CHARGE (THE AUTHORISED OFFICER), MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD., MALAPPURAM DIST. BY ADV. SRI.U.K.RAMAKRISHNAN SRI.P.V.LOHITHAKSHAN SMT.P.VIJAYAMMA SRI.V.KRISHNA MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.14617/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE NOTICE DT. 20.3.2007 ISSUED BY THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.14617 of 2007 ================================== Dated this the 14th day of February, 2008. JUDGMENT It is submitted that the petitioner has complied with the directions for payment of Rs.1,00,000/- as per the interim order dated 8-5- 2007, though the second instalment of Rs.50,000/- out of that was not paid within the time fixed. 2. Having heard the learned counsel for the parties, I find that there is no jurisdictional error or legal infirmity on the part of the Bank invoking the provisions of the SARFAESI Act, particularly when the loan is not in dispute. In the aforesaid circumstances, this writ petition is disposed of directing that if the petitioner remits at the rate of Rs.50,000/- per month, payable on or before the 20th of every month commencing from March, 2008, the impugned distress action will be WPC14617/2007 -:2:- held back and if the petitioner makes any appropriate application for any ameliorative benefits, the Bank will consider the same. However, the consideration of such application shall not be a ground for defaulting the payment of instalments, as directed above. If the petitioner fails to remit any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and the respondents will be at liberty to forthwith proceed with distress action. Thottathil B.Radhakrishnan, Judge. sl.