IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 29801 of 2008(W) -------------------------------------- CMP.500/2008 of C.J.M.,MANJERI .................... PETITIONER(S): --------------------- 1. K.C.BHARATH BHOOSHAN AGED 45 YEARS, S/O.RAMAN NAIR (LATE) THEKKESHARAM HOUSE, MELMURI P.O., ERNAD TALUK, MALAPPURAM DISTRICT. 2. P.GOPINATHAN AGED 58 YEARS, S/O.KRISHNAN NAIR, MADATHODI HOUSE, MELMURI P.O., ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL RESPONDENT(S): ------------------------- 1. VIJAYA BANK,MALAPPURAM BRANCH, MALAPPURAM REPRESENTED BY ITS MANAGER. 2. AUTHORIZED OFFICER (CHIEF MANAGER) VIJAYA BANK, MALAPPURAM BRANCH, MALAPPURAM. R1, R2 BY ADV. SRI.R.S.KALKURA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.29801 of 2008-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of November, 2008. JUDGMENT The petitioners availed a loan and failed to repay. Going by the statement of the bank, the loan availed on 14-9-2004 was for an amount of Rs.5,50,000/-. But the account was classified as NPA on 31-3-2007. Section 13(2) notice issued under the SARFAESI Act was returned as unclaimed. On that basis, the bank has proceeded with further action by providing a Section 13(2) notice by hand delivery and then with proceedings under Sections 13(4) and 14. The Chief Judicial Magistrate has ordered enforcement of dispossession. The petitioners have contended that they may be granted some time to pay off the outstandings. No other grounds pressed. Following the interim order dated 7-10-2008, the WP(C)29801/08 -: 2 :- petitioners have promptly deposited an amount of Rs.3 lakhs. Under such circumstances, it is ordered that if the entire remaining portions are paid on or before the 15th of March, 2009, the impugned distress action will be dropped. The petitioners will also pay all accruals and expenses in connection with the transaction. If there is failure to do so, the order of the CJM under Section 14 shall be immediately enforced. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/281108