IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 15144 of 2008(C) -------------------------------------- PETITIONER: ------------------- MOHAMMED HANEEFA THANIKKATTU, S/O.ALIKKUTTY, MANGALAM AMSOM, KOOTTAYI DESOM, POST KOOTTAYI, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENTS: ------------------------- 1. THE TIRUR URBAN CO-OPERATIVE BANK LTD., HEAD OFFICE, TIRUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS GENERAL MANAGER. 2. THE TIRUR URBAN CO-OPERATIVE BANK LTD., BRANCH OFFICE, PARIYAPURAM, POST PACHATTIRI, TIRUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGER. ADV. SRI.DEVAPRASANTH.P.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15144/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE RELEVANT PAGES OF THE LOAN PASSBOOK EXT.P2:- COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT BANK DT. 9.2.08. EXT.P3:- COPY OF THE NOTICE ISSUED BY THE IST RESPONDENT DT. 23.4.08. /TRUE COPY/ P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.15144 OF 2008 ------------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT The petitioner availed a loan and failed to repay. This led to proceedings under the SARFAESI Act. The default is not disputed and the accruals cannot be disputed. The petitioner did not avail alternate remedies under the Statute before the Debt Recovery Tribunal. I do not find any jurisdictional error or legal infirmity in the impugned proceedings warranting interference of this Court under Article 226 of the Constitution of India. 2. While granting an order of interim stay on 22.5.2008 in an attempt to let the petitioner pay off the outstandings in instalments, this Court imposed a condition that the petitioner shall remit amounts at the rate of Rs.25,000/- per month. He remitted only the first respondent and failed to pay the balance instalments. This means that the said order of stay has also been lost. WPC.15144/08 Page numbers For the foregoing reasons, this writ petition is dismissed, however, without prejudice to the right of the Bank to give the petitioner any opportunity to pay off the balance amounts in instalments. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.