IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 31989 of 2008(G) ----------------------------------------- PETITIONER(S): ------------------------ N.SHIBU, S/O.NELSON, CHIRATHALAKKAL PUTHUVAL PUTHEN VEEDU, KOOVALASSERY P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SAJU.S.A RESPONDENT(S): ----------------------------- 1. THE JOINT REGISTRAR, DISTRICT CO-OPERATIVE BANK, CHIRAKKALAN ROAD, VANCHIYOOR, THIRUVANANTHAPURAM. 2. AUTHORISED OFFICER, (APPOINTED AS PER SARFASI ACT & RULES), THIRUVANATNHAPURAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, EAST FORT, THIRUVANANTHAPURAM. 3. THE MANAGER, THIRUVANANTHAPURAM DIST. CO-OPERATIVE BANK LTD., BALARAMAPURAM BRANCH, BALARAMAPURAM, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. K.C.SANTHOSHKUMAR FOR R1 ADV. SRI. K.G.RADHAKRISHNAN, SC FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.31989 OF 2008 (G) ------------------------------------------------------ Dated this the 30th day of October, 2008 J U D G M E N T The petitioner availed a loan from the third respondent bank and failed to repay. This led to different notices being issued to him including registered notices on 5-1-2003, 19-8-2006 and 5-10-2007. When the outstandings reached to an amount of Rs.2,92,033/- as on 4-7-2008, Exhibit P1 notice was issued invoking Section 13(2) of the SARFAESI Act. I do not find any jurisdictional error or legal infirmity in the impugned proceedings. The petitioner states that he is plying an autorikshaw to earn his livelihood. That itself is not a ground to interfere with the impugned proceedings. However, having regard to the fact that the petitioner desires to repay, this writ petition is ordered that proceedings pursuant to Exhibit P1 shall stand deferred and ultimately dropped, if the petitioner remits the entire amounts demanded due in the transaction, including all other accruals in six equal monthly instalments, payable on or before the 25th of every month, commencing from November, 2008. If there is default in remitting any of the instalments as afore-directed , the benefit of this judgment will stand recalled and the writ petition will stand dismissed automatically, enabling the respondents to forthwith proceed with further distress action. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/1/11