IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 33444 of 2008(F) -------------------------------------- PETITIONERS: -------------------- 1. T. THANKASWAMY, AGED 48, S/O. THAPASSY MUTHU, MANAPAZHANJI, ALUVA.P.O, THIRUVANANTHAPURAM DISTRICT. 2. S. SULOCHANA, W/O.T. THANKASWAMY, -DO- -DO- BY ADV. SRI.DINESH R.SHENOY, ADV. SRI.G.HARIKRISHNAN (TRIPUNITHURA). RESPONDENTS: ----------------------- 1. THE STATE BANK OF TRAVANCORE, ZONAL OFFICE, REP. BY THE AUTHORISED OFFICER CHIEF MANAGER, ADVANCES, STATE BANK OF TRAVANCORE, REGION II, ZONAL OFFICE, SHANTHI NAGAR, THIRUVANANTHAPURAM. 2. THE STATE BANK OF TRAVANCORE, PARASSALA BRANCH, THIRUVANANTHAPURAM DISTRICT. R1 & R2 BY ADV. SRI. SAJI VARGHESE, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.33444 of 2008-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of November, 2008. JUDGMENT The petitioners availed a housing loan of Rs.2 lakhs in December, 2003, did not repay in time and face proceedings under the SARFAESI Act. The measure taken under Section 13(4) has become final and proceedings under Section 14 are pending before the Chief Judicial Magistrate. While it is ordered that the Section 13(4) proceedings having become final, the CJM will be at liberty to pass orders on Section 13(4) proceedings, the same will not be enforced till 31-3-2009 to enable the petitioners to pay off the remaining amounts which is stated to be above Rs.1.5 lakhs in four equal monthly instalments in the meanwhile. If payment is not made as aforesaid, the bank can immediately dispossess the petitioners on the basis of the orders of the CJM. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/201108