IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 29799 of 2006(V) -------------------------- PETITIONER(S): --------------- UMADEVI, PUTHIYEDATH PUSHPAKATH, CHATTUKULAM, ARTHAT, THRISSUR. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): --------------- 1. THE CHIEF MANAGER, INDIAN BANK, CIRCLE OFFICE, P.B.NO.3575, 38/1672 B & C, CHITTOOR ROAD, PULLEPADY JUNCTION, ERNAKULAM. 2. THE BRANCH MANAGER, INDIAN BANK, KUNNAMKULAM BRANCH, WADAKKANCHERRY ROAD, THRISSUR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE EXTRCT OF THE LOAN PASS BOOK OF THE PETITIONER. EXT.P2 TRUE COPIES OF THE DISCHARGE CARD ISSUED BY THE MEDICAL COLLEGE HOSPITAL, TRISSUR. EXT.P3 TRUE COPY OF THE DISCHARGE CERTIFICATE ISSUED FROM THE ROYAL HOSPITAL, EXT.P4 TRUE COPY OF THE NOTICE ISSUED BY THE BANK DATED 15.11.2005 EXT.P5 TRUE COPY OF THE REPLY LETTER ISSUED BY THE PETITIONER TO THE ADVOCATE OF THE RESPONDENT DATED 20.11.2005 EXT.P6 TRUE COPY OF THE NOTICE UNDER SECTION 13(2) OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS ND ENFORCEMENT OF SECURITY INTEREST ACT ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 20.5.2006 EXT.P7 TRUE COPY OF THE REPRESENTATION DATED 30.8.2006 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT. EXT.P8 TRUE COPY OF THE NOTICE UNDER SECTION 13(4) OF THE ACT WITH RULES 8 AND 9 OF THE SECURITY INTEREST ENFORCEMENT RULES ;2002 DATED 11.9.2006 EXT.P9 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DATED 19.9.2006 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 29799 OF 2006 -------------------------------------------- Dated this the 3rd day of June, 2009 JUDGMENT W.P. is filed against securitisation proceedings initiated by the Bank for recovery of arrears due from the petitioner. W.P. was admitted, and conditional stay was granted on payment of 25% of the amount due to the Bank. This has happened on 17.11.2006. If the petitioner was interested, she would have settled the liability by now. ; In any case, I grant time to the petitioner to settle liability till 30th of August, 2009, failing which Bank can proceed with recovery. I make it clear that if petitioner makes full payment in terms of the above direction before 30.8.2009, incentives under OTS or at least waiver of penal interest should be granted to the petitioner. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2