IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 33799 of 2008(W) ---------------------------------------- PETITIONER: ------------------- BIJU K.P.R. AGED 39 YEARS, S/O. BHASKARAN NAIR, KOTTUPPALLIL HOUSE, CHERUKULANJI P.O., CHERUKULANJI MURI, VADASSSERIKARA VILLAGE, RANNY TALUK. BY ADV. SRI.S.SHANAVAS KHAN. RESPONDENTS: ----------------------- 1. THE STATE BANK OF TRAVANCORE, RANNI BRANCH, ANGADI, PATHANAMTHITTA DISTRICT. 2. THE CHIEF MANAGER, THE STATE BANK OF TRAVANCORE, RANNI BRANCH, ANGADI PATHANAMTHITTA DISTRICT. R1 & R2 BY ADV. SRI. SAJI VARGHESE, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.33799 of 2008-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of November, 2008. JUDGMENT The petitioner availed a cash credit facility. His mother granted collateral security by depositing title deeds. On account of non-payment of the dues, SARFAESI Act was invoked and no proceedings have reached the stage of Section 14, Section 13(4) measure has become final. There is no jurisdictional error or legal infirmity in the impugned proceedings. Under such circumstances, foreclosing all other remedies and repelling all other contentions, this writ petition is ordered directing that if the petitioner remits 1/3rd of the total outstandings within three weeks and remits the remaining portion in four equal monthly instalments before 31-3-2009, the impugned proceedings will be dropped failing which the bank could further enforce the impugned proceedings. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/201108