IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 3097 of 2008(R) ------------------------- PETITIONER: ------------ RAYIFA, KUNNUMPURATH VEEDU, PALLICKAL P.O., KALLAMBALAM, TRIVANDRUM. BY ADV. SRI.M.R.SASITH SRI.M.R.SARIN RESPONDENTS: ------------- 1. MANAGER, UNION BANK OF INDIA, CHALAI BAZAR BRANCH. 2. AUTHORISED OFFICER, UNION BANK OF INDIA, REGIONAL OFFICE, TRIVANDRUM. BY STANDING COUNSEL SRI A.S.P. KURUP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 3097 of 2008 ------------------------------------- Dated: January 25, 2008 JUDGMENT The challenge is against the securitization proceedings initiated against the petitioner. The proceedings have reached the stage of sale. The last date now indicated for receipt of tender is 31.1.2008 and the tenders are scheduled to be opened on 1.2.2008. Petitioner offers to clear the entire amount in default along with interest and costs of securitization proceedings by 30.1.2008 and requests that she be permitted to pay off the balance loan in instalments as originally scheduled. 2. The standing counsel for the bank also has been heard and the bank does not have objection in this course suggested by the petitioner. 3. Therefore this writ petition is disposed of directing that if the petitioner remits the entire amount now in default along with interest and costs on or before 30.1.2008, the tenders received in response to Ext.P2 notice will not be opened by the bank. If the WP(C) 3097/08 Page numbers petitioner makes payment as above, the bank will also permit the petitioner to continue payment as originally scheduled. It is made clear that in case the petitioner commits default in paying the amount in default as above or the future instalments, the bank will be free to continue the action which was initiated without any further notice. ANTONY DOMINIC, JUDGE mt/-