IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WP(C).No. 17195 of 2008(V) -------------------------- PETITIONER: ------------ PUSHPAVATHY, AGED 55 YEARS, W/O. BALAKRISHNAN, VENKALATH HOUSE, MANATHALA P.O., THIRUVATHRA, CHAVAKKAD, THRISSUR. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------- 1. SALE OFFICER/AUTHORISED OFFICER GURUVAYUR CO-OPERATIVE URBAN BANK LTD, GURVAYOOR, CHAVAKKAD THALUK, THRISSUR. 2. GURUVAYUR CO-OPERATIVE URBAN BANK LTD, BLAUGAD BRANCH GURUVAYUR, CHAVAKKAD, REP. BY ITS SECRETARY. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------- W.P.(C) NO.17195 OF 2008(V) ---------------------------------------------------- Dated this the 10th day of June, 2008 J U D G M E N T Having heard the learned counsel for the petitioner and having regard to the nature of the directions being issued hereunder notice to respondents is dispensed with preserving their right to move for review of this judgment, if aggrieved. 2. Petitioner is the widow of Late Balakrishnan. He and his son availed certain facilities from the second respondent. Ultimately, this has led to proceedings under the SARFAESI Act. No point is made out touching the jurisdiction regarding the initiation of proceedings. No patent illegality warranting interference under Article 226 is also made out. No disputed questions on the quantum fixed for recovery could be agitated, also because the petitioner has an alternative efficacious remedy before the Debts Recovery Tribunal under the SARFAESI Act. W.P.(C).No.17195/2008 - 2 - 3. Faced with such situations, the learned counsel for the petitioner confines the submissions to a request that the respondents may be directed to give such ameliorative benefits as may be made available to the petitioner and other co-debtors and also for an opportunity to wipe off the entire outstandings. Having regard to the quantum fixed for recovery and after hearing the learned counsel for the petitioner on the specific plea in that regard, this writ petition is ordered directing that if the petitioner remits at the rate of Rs.50,000/- per month payable on or before 25th of every month commencing from June, 2008 and thereby wipes off the entire outstandings, including all accruals, the impugned proceedings shall stand dropped. It is further directed if the petitioner makes appropriate request, the respondents will consider whether the petitioner and the other debtors are entitled to any reduction in the total outstandings, either in W.P.(C).No.17195/2008 - 3 - the interest or other accruals. The total amount for recovery would then be regulated by such decision of the bank. It is further directed that such consideration, however, need be made available only if the petitioner remits two instalments as afore-directed to demonstrate her bonafides. In the event of failure to remit any of the instalments as afore- directed, the benefits of this judgment will stand recalled and the writ petition will stand dismissed automatically, enabling the respondents to forthwith proceed with further distress action. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/11/6/08 // True copy // P.A. to Judge. W.P.(C).No.17195/2008 - 4 -