IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 35927 of 2009(I) -------------------------- PETITIONER(S): --------------- SHIBU C.S., S/O.SREEDHARAN, AGED 37 YEARS, PROPRIETOR, M/S.GANAPATHY SILKS & SAREES, OPP. V.V.H.S., HODAMTHURUTH, KUTHIATHODU, CHERTHALA TALUK. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SRI.M.M.ALIAS RESPONDENT(S): --------------- 1. THE BRANCH MANAGER, FEDERAL BANK LIMITED, AROOR BRANCH, ST.AUGUSTINE'S BUILDING, ALAPPUZHA DISTRICT. 2. BHASURANGAN M.G., S/O.GOPALAN, AGED 66 YEARS, CHITHRALAYAM HOUSE, KUTHIATHODU, CHERTHALA, ALAPPUZHA DISTRICT. 3. MANOJKUMAR B., S/O.BHASURANGAN M.G., AGED 38 YEARS, CHITHRALAYAM HOUSE, KUTHIATHODU, CHERTHALA, ALAPPUZHA DISTRICT. 4. PREETHY CHAND, W/O.MANOJKUMAR B., AGED 33 YEARS, CHITHRALAYAM HOUSE, KUTHIATHODU, CHERTHALA, ALAPPUZHA DISTRICT. ADV. SRI.MOHAN JACOB GEORGE FOR R1 SMT.P.V.PARVATHI FOR R1 SMT.REENA THOMAS FOR R1 SRI.N.RAJAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 35927 of 2009 ------------------------------------- Dated, this the 5th day of February, 2010 J U D G M E N T The petitioner has approached this Court with the following prayers. (a) To issue a Writ of Mandamus or any other appropriate writ order or direction commanding and compelling the 1st respondent to grant 6 months time for vacating from the building bearing Nos. IV/61 and IV/63 A of Kodamthuruth Panchayath for shifting the shop to another building after interior work and obtaining licences from the various authorities or direct the 1st respondent not to take any steps to evict the petitioner from the building in which the 1st respondent is taking steps for evicting the petitioner. (b) To issue a writ of mandamus or any other appropriate writ order or direction commanding and compelling the 1st respondent to consider the request of the petitioner to grant 6 months time for vacating from the building bearing Nos.IV/61 and IV/63A of Kodamthuruth Panchayath for shifting the shop to another building after interior work and obtaining licences from the various authorities. (c) To issue a writ or any other appropriate writ, order or direction of certiorari to quash Ext.P11 notice. 2. The case of the petitioner is that he is a person doing textile business in the premises, belonging to the 2nd respondent, who had created security interest over the property in connection with the loan availed from the 1st respondent Bank. The case of the petitioner is that the steps taken by the respondent Bank invoking the coercive provisions under the SARFAESI Act WP(C) No.35927/2009 2 have very much adversely affected the rights and interest of the petitioner; especially with regard to the huge investment made in connection with the business. It is also stated that the petitioner is ready and willing to effect vacant surrender of the premises within 'six months' after taking necessary steps to shift the business to some other site. 3. The learned counsel appearing for the 1st respondent Bank submits, on instructions, that taking note of the limited extent of relief prayed for and considering the bonafides, the 1st respondent Bank, as a gesture of Goodwill is ready to accept the said request and that the Writ Petition could be allowed to the said extent. 4. Accordingly, the Writ Petition is allowed and the petitioner is permitted to continue in the premises for a period of 'six' months, on condition that vacation surrender shall be effected on or before the 30th of June, 2010. It is also made clear that if there is any failure from the part of the petitioner in honouring the commitment and undertaking given as above, the 1st respondent will be at liberty to pursue appropriate steps to take physical possession of the building under Section 14 of SARFAESI Act. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc