IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 8535 of 2011(N) ----------------------------------- PETITIONER(S): ---------------------- PREETHY, W/O. DASAN, AGED 42 YEARS, THAVAKULANGARA VEDU, PANANCHERI.P.O, PATTIKAD, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): ------------------------ 1. THE AUTHORISED OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., SAHAKARANA SATABDI MANDIRAM, KOVILAKATHUMPADAM, THIRUVAMPADY.P.O, THRISSUR - 680 022. 2. THE MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., PATTIKAD BRANCH, THRISSUR - 680 001. BY ADV. PC.SASIDHARAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8535 of 2011(N) APPENDIX EXT.P1: TRUE COPY OF THE RELEVANT PAGES OF PASS BOOK OF THE PETITIONER. EXT.P2: TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DISTRICT HOSPITAL, THRISSUR DATED 7.4.2010 TO THE HUSBAND OF PETITIONER. EXT.P3: TRUE COPY OF THE COMMUNICATION DATED 5.5.2010 OF JOINT REGISTRAR OF CO-OP.SOCIETIES. EXT.P4: TRUE COPY OF NOTICE DATED 26.2.2011 ISSUED BY THE 1ST RESPONDENT. EXT.P5: TRUE COPY OF PUBLICATION DATD 27.2.2011 IN MATHRUBHOOMI DAILY PUBLISHED BY THE BANK. //TRUE COPY// P.A. TO JUDGE MNS C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.8535 of 2011 ------------------------------------------- Dated this the 21st day of June, 2011 J U D G M E N T ---------------------- In view of the effective statutory remedy provided under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) this court was not inclined to entertain this writ petition. However, on the basis of the persuasive submissions of the learned counsel for petitioner, indulgence was shown in restraining confirmation of sale if any takes place pursuant to Ext.P4 notice, subject to condition of the petitioner remitting a sum of Rs.1 lakh within two weeks from 25.3.2011. Subsequently the interim order was extended on 11.4.2011 directing the petitioner to remit a further amount of Rs.1,50,000/- within 6 weeks thereof. Thereafter the petitioner filed I.A. 7901/11 seeking extension of time for payment of the W.P.(C).8535/11 -2- amount stipulated, stating that a sum of Rs.40,000/- alone could be paid. This court had shown further indulgence in extending time for payment of the balance amount till 18.6.2011. The said extension was granted making it clear that no further extension will be granted under any circumstances and that on failure the writ petition will be dismissed. 2. It is conceded that the petitioner had failed to comply with the condition inspite of the extension granted as above. It is also mentioned that the immovable property which is the secured asset has already been taken over possession. Under the above mentioned circumstances I am not inclined to entertain this writ petition any further. 3. However, I make it clear that the petitioner will be at liberty to approach the respondent Bank for settling payment of the balance amounts, either by payment through instalments or by seeking 'One Time Settlement' W.P.(C).8535/11 -3- on the basis of waiver of interest/penal interest and expenses to the possible extent. 4. In the result, the writ petition is dismissed reserving liberty to the petitioner as observed above. C.K.ABDUL REHIM, JUDGE. okb