IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 19765 of 2008(C) --------------------------------------- PETITIONER: ------------------- P.FELSI BHAI, PAZHAVILAYIL VEEDU, PARANIYUM, POOVAR PO., THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM, SMT.K.P.SANTHI, SRI.S.S.HUSSAIN, SRI.P.K.NIJOY. RESPONDENTS: ----------------------- 1. THE REGISTRAR, CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE THIRUVANANTHAPURAM DISTRICT CO.OP. BANK , HEAD OFFICE, FORT THIRUVANANTHAPURAM, REP. BY ITS PRESIDENT. R1 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN, R2 BY ADV. SRI.V.G.ARUN, R2 BY ADV. SRI.T.R.HARIKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.19765 of 2008 ================================== Dated this the 15th day of July, 2008. JUDGMENT Petitioner and her late husband availed two loans of Rupees two lakhs each with a repayment period of five years. That period ran out. There was default. Steps were initiated for recovery under the SARFAESI Act. Transactions are admitted. The outstandings cannot be disputed. The liability can be enforced under the SARFAESI Act. The impugned proceedings are therefore sustainable. There is no legal impediment or jurisdictional error to hold that the impugned proceedings are vitiated. 2. Faced with that situation, learned counsel for the petitioner points out that the petitioner was widowed in April, 2008 and her son has got an employment abroad last month and that the entire WPC19765/2008 -:2:- outstandings could be paid off in six months' time and that she is prepared to pay certain amounts even on a monthly basis. Taking the submissions on both sides in that regard also, this writ petition is ordered directing that if the petitioner remits at the rate of Rs.10,000/- per month, payable on or before the last working day of every month commencing from July, 2008 and also pays off the entire outstandings within a period of six months, the impugned proceedings will be dropped. It is further ordered that if the petitioner approaches the second respondent for any ameliorative measure to reduce the total outstandings, that would also be considered, having regard to totality of the facts and circumstances of the case. However, such request would be considered only after the petitioner shows her bona fides by paying three among the aforesaid instalments. If the petitioner fails to remit any of the instalments as aforesaid, the benefit of this judgment will stand recalled WPC19765/2008 -:3:- automatically and the respondents will be at liberty to forthwith proceed with distress action. Thottathil B.Radhakrishnan, Judge. sl.16.7.