IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 34013 of 2008(Y) -------------------------- PETITIONER(S): --------------- SMT.S.JASEENA, NAJATH, NCC ROAD, AMBALAMUKKU, THIRUVANANTHAPURAM. BY ADV. SRI.P.J.MATHEW SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- 1. THE AUTHORISED OFFICER, CHIEF MANAGER ADVANCES, STATE BANK OF TRAVANCORE, REGION II, ZONAL OFFICE, SANTHI NAGAR, THIRUVANANTHAPURAM. 2. THE MANAGER, STATE BANK OF TRAVANCORE, NALANCHIRA BRANCH, THIRUVANANTHAPURAM. BY ADV.SRI.R.S.KALKURA, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.34013 OF 2008 ------------------------------------------- Dated this the 24th day of November, 2008 JUDGMENT Heard learned counsel for parties. I do not find any error of jurisdiction or legal infirmity in the impugned proceedings. The petitioner availed a cash-credit facility and defaulted repayment. The account got classified as an NPA and proceedings were initiated under Section 13 of the SARFAESI Act. In October, 2007, the total accruals was around Rs.3.40 lakhs. No amount was paid. The petitioner states that appropriate notice was not issued though the change of address was notified to the bank. Learned counsel for the bank states that the petitioner, after availing the cash-credit facility for business purpose, left India even without informing the bank. Whatever that be, the total outstandings have accrued and by now, the amount would be around Rs.4 lakhs. Under such circumstances, repelling all contentions and affirming the proceedings, and precluding the petitioner and her husband from challenging the impugned proceedings before any other WPC.34013/08 Page numbers Tribunal or court, this writ petition is ordered recording the submission that the petitioner may be granted facility to repay the outstandings in instalments, that if the petitioner deposits an amount of Rs.1.50 lakhs within four weeks and continues to remit amounts at the rate of Rs.25,000/- per month, payable on or before the last working day of every month commencing from January, 2009, the impugned distress action will be deferred and ultimately dropped. However, if there is default in remitting any of the amounts as aforesaid, the benefit of this judgment shall stand recalled automatically and distress action shall follow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.