IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 35687 of 2009(E) -------------------------- PETITIONER(S): --------------- MINI.T.G., AGED 42, RESIDING AT THARAYIL PARAMBIL HOUSE, MEVALLOOR P.O., VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD. REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED OFFICE "BHADRATHA" MUSEUM ROAD, P.B.NO.510, THRISSUR. 2. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., H.P.UNIT, M.D.C. CENTRE, K.K.ROAD, KOTTAYAM. 3. THE SPECIAL DEPUTY TAHSILDAR (RR), KERALA STATE FINANCIAL ENTERPRISES LTD., KOTTAYAM - 1. BY ADV. SRI.T.NAVEEN, SC, K.S.F.E. LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 35687 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2009 J U D G M E N T 1. Challenge is against recovery steps initiated pursuant to Ext.P6 notice for realisation of amounts due to the respondents 1 & 2 towards repayment a loan availed by the petitioner for construction of a residential building. On an earlier occasion the petitioner had approached this court aggrieved by recovery notices issued. This court had shown indulgence in permitting the petitioner to pay off the arrears in easy terms. However, after effecting some payments, the petitioner again defaulted. As per Ext.P6 notice, sale of immovable property is proposed for realising a total amount of Rs.2,53,407/-. It is contended by the petitioner that the amount shown in Ext.P6 notice is not correct and it is highly exorbitant. It is further submitted that the property which is proposed to be sold is the residential building wherein the petitioner is residing along W.P.(C)No. 35687 of 2009 -2- with her children, she being deserted by her husband. Under the above circumstances the petitioner is confining her prayer to the limited extent of permitting payment of the balance amount within a reasonable time, in installments and also seeks direction to the respondents to consider waiver of interest/penal interest and expenses to the possible extent . 2. Considering the facts and circumstances of the case, I am of the opinion that eventhough no interference on merits is possible, some indulgence can be shown considering the special circumstances prevailing in this case, to permit the petitioner to pay off the liability within a reasonable period. 3. Accordingly the petitioner is directed to make payment of an amount of Rs.50,000/- (Rupees Fifty Thousand only) on or before 15.01.2010. The respondents are directed to keep in abeyance further coercive steps pursuant to Ext.P6 notice, including confirmation of sale if any taken place, till such time. If amount as directed above W.P.(C)No. 35687 of 2009 -3- is paid, the respondents shall consider waiver of interest/penal interest and expenses to the possible extent and shall intimate the petitioner about the net balance payable. The petitioner shall continue payment of the balance amount so intimated in (4) four equal monthly installments thereafter, falling due on or before 15.02.2010 and on or before the 15th day of the succeeding months. 4. It is made clear that on the event of failure in payment of any of the installments as stipulated as above, the respondents will be free to proceed with further steps pursuant to the notices already issued, and on any such event the petitioner will be precluded from raising any subsequent challenge against such proceedings either before this court or before any other forum. C.K. ABDUL REHIM JUDGE shg/