IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 34119 of 2008(J) -------------------------- PETITIONER(S): --------------- M.T.SOMAN PULLINATTU PARAMBIL(MOOZHIKKAL) PO.KUTTIKKATTUKARA, ALUPURAM. KADUNGALLOOR VILLAGE, ALUVA, ERNAKULAM. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): --------------- 1. UNION OF INDIA , REP. BY THE CHIEF MANAGER, THEVARA BRANCH, COCHIN-15. 2. BRANCH MANAGER, UNION BANK OF INDIA, WILLINGTON ISLAND BRANCH SARAF HOUSE, 2ND CROSS ROAD, WILLINGTON ISLAND, COCHIN. BY ADV.SRI.A.S.P.KURUP, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.34119 OF 2008 ------------------------------------------- Dated this the 27th day of November, 2008 JUDGMENT Heard. The petitioner availed a housing loan and defaulted repayment. The bank filed a suit. That was decreed without contest. The amounts due some time in 2005 was around Rs.3.5 lakhs with future interest. No amount was paid. The bank proceeded under the SARFAESI Act. There is no jurisdictional error or legal infirmity in doing so. Under such circumstances, giving up all other grounds and also the right to move the Debts Recovery Tribunal for relief against the impugned proceedings, the petitioner, through his learned counsel, sought for an order permitting him to pay off the amounts in instalments. In view of the fact that there is a decree binding on the parties, the total amount that could be recovered by the bank would stand governed by that decree. Taking that into consideration and because the outstandings was determined way WPC.34119/08 Page numbers back in 2005, it is ordered that if the petitioner remits an amount of Rs.1,00,000/- within one month from now and Rs.50,000/- within a further period of three weeks, and continues to remit amounts at the rate of Rs.50,000/- per month, payable on or before the 25th of every month commencing from January, 2009, the impugned distress action will be deferred and dropped on satisfaction of the recoveries. 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. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.