IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 23RD DECEMBER 2008 / 2ND POUSHA 1930 W.P(C).No. 38009 of 2008(Y) ------------------------------------ PETITIONER : ------------------------ K. BALACHANDRAN, AGED 50 YEARS, S/O. PARAMESWARAN NAIR, KARANGATTIL HOUSE, VELLAPPAM.P.O., THRIPPRAYAR, THRISUR-680 567, PROPRIETOR OF M/S. GLOBAL ELECTONIC COMPONENT. BY ADV. SRI.E.D.GEORGE SRI. ANILKUMAR.P.V. SRI.M.N.SREEKUMAR RESPONDENTS: ----------------------- 1. STATE BANK OF TRAVANCORE, TRIPRAYAR BRANCH. 2. NARAYANAN NAIR, S/O. RAJAPPAN NAIR, KOLOTHEKKAT HOUSE, VALAPPAD.P.O. SRI. K.S. DILIP, SC,SBI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------------------------- W.P(C). No. 38009 of 2008 ------------------------------------------- Dated this the 23th day of December, 2008 JUDGMENT Following Exhibit P4 notice under Section 13(2) of the SARFAESI Act issued on 30/11/2007 or even before, on 29/01/2006, a demand notice has been issued. Exhibit P1 possession notice was issued on 27/02/2007. More than one year and ten months have elapsed after that. The petitioner states that he had paid an amount of Rs.1,00,000/-. The total outstanding is now more than Rs.9,00,000/-. I cannot understand why such writ petition has been filed invoking Section 8 of the Kerala High Court Act & Rules. The learned counsel for the petitioner states that his client may be given 90 days' time to pay off the entire outstandings. It is a matter to be worked out with the bank rather than try to get an order from this court. It is belated, for this court to issue any order and compel the bank to take any particular course of action, even if it is appropriate for the bank to give the petitioner such facility to repay the amount in installments during the current financial year itself. Accordingly, the writ petition is closed. THOTTATHIL B. RADHAKRISHNAN, JUDGE scm