IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 27474 of 2008(U) -------------------------------------- CMP.3069/2008 OF C.J.M.,KOTTAYAM .................... PETITIONER(S): ---------------------- K.U.PHILIP S/O.K.I.UTHUPPU, A6, KODIANTHARA KAIPPURAM APARTMENT, COLLECTORATE P.O.,KOTTAYAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): ------------------------- 1. STATE BANK TRAVANCORE KODIMATHA,KOTTAYAM REPRESENTED BY ITS MANAGER. 2. THE AUTHORIZED OFFICER UNDER THE SARFAESI ACT, STATE BANK TRAVANCORE, REGION 1, ZONAL OFFICE, KOTTAYAM. R1, R2 BY ADV. SRI.R.S.KALKURA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).27474 of 2008-U & I.A.13193/2008 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of November, 2008. JUDGMENT 1.The petitioner filed this writ petition challenging action taken by the respondents under the provisions of the SARFAESI Act on account of default in repayment of a cash credit facility, a medium term loan and a housing loan. Though the housing loan is for a term of 20 years, the bank recalled the facility since the accounts have turned sticky and had classified it as an NPA. Following that, measures have been taken under the provisions of the aforesaid Act after issuance of due notice under Section 13(2). The petitioner has, ultimately, been notified of the commissioner appointed by the Chief Judicial Magistrate, Kottayam to vacate. That action is taken under Section 14. Obviously, proceedings under Section 13 have concluded and the WP(C)27474/08 & IA13193/08 -: 2 :- petitioner cannot be heard to contend that those actions are without the support of law. I find no jurisdictional error or legal infirmity in the impugned proceedings. In fact, relief No.ii sought for in the writ petition is only that the petitioner may be granted time to pay the amounts in instalments before 31-12-2008. 2.On 15-9-2008, an interim order was issued deferring dispossession on payment of Rs.3 lakhs. That was not remitted. I.A.12387/2008 was filed to modify that order. Since the petitioner had then paid Rs.1 lakh, the time limit was extended for remitting the remaining Rs.2 lakhs. I.A.12533/2008 was, thereafter, filed seeking amendment of the writ petition for a direction to permit repayment of the entire outstandings in instalments before 31-12-2008. Taking that request also into consideration, while the matter could be proceeded for consideration of that relief, I.A.13193/2008 was filed stating that the petitioner suffered a displaced fracture of WP(C)27474/08 & IA13193/08 -: 3 :- proximal phalanx of 3rd toe of the right foot with laceration in a road accident on 25-9-2008. This is corroborated by Ext.P4 medical certificate. The request in that application is for enlargement of time to pay the remaining Rs.1,50,000/- till 31-12-2008. It is stated that an amount of Rs.50,000/- was also remitted after the second interim order. Having regard to the injury suffered by the petitioner and having regard to the request for time till 31-12-2008 as sought in relief No.ii and also in I.A.12533/2008 filed after the petitioner suffered the aforesaid injury, it is ordered directing that all distress action will stand deferred till 1-1-2009 to get the petitioner a last opportunity to pay off all the outstandings. Having held that no jurisdictional error or legal infirmity is made out to the impugned proceedings, relief No.i in the writ petition is refused and since his case has been considered on its merits in discretionary WP(C)27474/08 & IA13193/08 -: 4 :- jurisdiction, the petitioner will stand precluded from moving the DRT or any other court or authority seeking relief against the impugned action. The writ petition and the interlocutory application are ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/101108