IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 31699 of 2008(W) --------------------------------------- CMP.NO.1584/2008 OF C.J.M.COURT, TRIVANDRUM. .................... PETITIONER: ------------------- SALIM, T.C. 5/1250 E-3, FABIA COTTAGE, MUTTAMPURAM LANE, SREEKARIYAM, TRIVANDRUM. BY ADV. SRI.M.R.SASITH, ADV. SRI.M.R.SARIN. RESPONDENTS: ----------------------- 1. AUTHORISED OFFICER, H.D.F.C. LTD, REPRESENTED BY ITS AUTHORISED OFFICER, SREEKUMARAN NAIR, H.D.F.C. HOUSE, VAZHUTHACAUD, TRIVANDRUM. 2. MANAGER, H.D.F.C. LTD, H.D.F.C. HOUSE, VAZHUTHACAUD, TRIVANDRUM. BY ADV. SRI. K.K. CHANDRAN PILLAI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.31699 of 2008 ================================== Dated this the 24th day of November, 2008. JUDGMENT Petitioner availed a housing loan of Rs.9 lakhs in May, 2006. He failed to repay the EMI's and accordingly faced proceedings under Section 13 of the SARFAESI Act followed by action before the Chief Judicial Magistrate under Section 14 of that Act. There is no jurisdictional error or legal infirmity in the impugned proceedings in as much as the transaction and outstandings are not in dispute. Petitioner also did not avail the opportunity of deferring the recovery proceedings on condition of deposit of a portion of the outstandings. Writ petition fails. It is accordingly dismissed. Thottathil B.Radhakrishnan, sl. Judge.