IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 35659 of 2008(T) --------------------------------------- PETITIONER(S): ----------------------- VIJAYAN, S/O. VARGHESE, AGED 51, KADUKAVILA VEEDU, PANNIYODU.P.O. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): ------------------------- 1. AUTHORISED OFFICER, CHIEF MANAGER (ADVANCES), STATE BANK OF TRAVANCORE, REGION II, ZONAL OFFICE, THIRUVANANTHAPURAM. 2. MANAGER, STATE BANK OF TRAVANCORE, POOVACHAL. ADV. SRI.R.S.KALKURA , SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.35659 of 2008-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of December, 2008. JUDGMENT 1.The petitioner availed a loan in March, 1997. Owing to failure in repaying it, amounts have accrued. The account became sticky and got classified as an NPA. This was followed by notice under Section 13(2) of the SARFAESI Act followed by further steps under Section 13(4) and actual physical dispossession of the petitioner. 2.According to the petitioner, he and his three children, including two grown up daughters are now housed in a portion of a neighbour's residence and his wife had deserted them. He states that he was earlier employed in the gulf and is now a daily-rated worker in a hotel. These, by themselves, are no answer to the distress action on account of the failure to WP(C)35659/08 -: 2 :- repay the outstandings. The petitioner, ultimately, giving up all other contentions, confines his request, for an order that he be put back in possession and permitted to find a purchaser for a portion of the property which would be sufficient to wipe off the outstandings. He states that only 10 cents need to be sold from the total extent so that he and his children can find an alternate accommodation, at least, in the remaining portion of the land. Taking the totality of the facts and circumstances, it is ordered that if the petitioner remits an amount of Rs.1 lakh at any time within a period of one month, he will be permitted to occupy the building in the de jure possession of the bank and if the petitioner provides any purchaser and can have a sale with the junction of the bank, of any portion or the whole of the security property within a period of two months therefrom, the bank will settle the transaction on appropriate terms. If this is not WP(C)35659/08 -: 3 :- done, the petitioner could be again removed from occupation and the property put to sale for releasing the amounts due to the bank. It is clarified that this judgment does not stand in the way of the bank accepting any request of the petitioner for any ameliorative measure by way of reducing the total outstandings. If he does not take the benefits of this judgment, he shall vacate and hand over the keys to the manager of the bank forthwith. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/051108