IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 17266 of 2009(C) -------------------------- PETITIONERS: --------------- SHEEBA GEORGEKUTTY, AGED 40, W/O.GEORGEKUTTY, MUKKALUVILA VEEDU, BABA SAHIB COMPOUND, KARAMOOD ROAD, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. MR. R.SURAJ KUMAR MR. N.AJITH RESPONDENTS: --------------- 1. THE STATE BANK OF TRAVANCORE, REPRESENTED BY THE CHAIRMAN, STATE BANK OF TRAVANCORE, HEAD OFFICE, NEW ADMINISTRATIVE COMPLEX, POOJAPPURA, THIRUVANANTHAPURAM. 2. THE CHIEF MANAGER, (AUTHORISED OFFICER), STATE BANK OF TRAVANCORE, PATHANAPURAM BRANCH, PATHANAMTHITTA. 3. GEORGEKUTTY.B, MUKKALUVILA VEEDU, BABA SAHIB COMPOUND, KARAMOOD ROAD, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. MR. R.S. KALKURA, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 17266 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 29th day of June, 2009 JUDGMENT The petitioner along with her husband had availed a housing loan from the respondent Bank in August, 2002, which however was not repaid as scheduled. This made the Bank to approach the Civil court by filing a civil suit, which is stated as still pending. By virtue of the rights and interest of the Bank to invoke the relevant provisions under the SARFAESI Act, necessary proceedings were taken in October, 2008 and notice under Section 13(2) was issued, which was followed by Ext.P3 notice issued by the Advocate Commissioner appointed by the Chief Judicial Magistrate Court, Kollam in CMP 4518 of 2009, pursuant to the orders passed under Section 14 enabling him to take over the physical possession of the property. 2. The learned counsel appearing for the respondent Bank submits that, as on date, a sum of Rs. 3,78,000/- is due from the petitioner, apart from cost and other incidental expenses. 3. The learned counsel for the petitioner submits that, the petitioner is not in good terms with her husband, who is presently working abroad and that the petitioner along with her minor daughter, is residing in the building situated in the property. It is also pointed out that, taking note of the need of the hour, appropriate arrangements have been made with some of the relatives and friends for arranging WP (C) No. 17266 of 2009 : 2 : funds and to clear the outstanding liability towards the Bank and that in any view of the matter, it will be finalized on or before the 30th July, 2009. 4. After considering the submissions made from both the sides, this Court permits the petitioner to discharge the entire liability towards the Bank by effecting necessary payments within a period of six weeks from today. Till such time, the coercive proceedings being taken against the petitioner, shall be kept in abeyance. It is also made clear that, if any default is committed from the part of the petitioner in honouring the commitment as aforesaid, the Bank will be at liberty to proceed with the coercive steps for realization of the entire amount in a lump sum. 5. Considering the request made by the learned counsel for the petitioner, the petitioner is also permitted to file a representation before the respondent Bank to avail the benefit of 'OTS'. If any such representation filed by the petitioner within two weeks from today, the same shall be considered by the Bank and the outcome shall be intimated to the petitioner, enabling her to clear the entire liability under the loan transaction. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd