IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 33863 of 2008(F) -------------------------------------- PETITIONER: ------------------- G.GOPI, KOCHUMOTTEL, MUROTHURUTHU P.O KOLLAM. BY ADV. SRI.C.R.SIVAKUMAR, ADV. SMT.NIKHILA SOMAN. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE AUTHORISED OFFICER, (REGIONAL MANAGER INCHARGE) THE STATE CO-OPERATIVE BANK LTD. THIRUVANANTHAPURAM REGIONAL OFFICE, OVERBRIDGE JUNCTION, THIRUVANANTHAPURAM DISTRICT. 4. THE MANAGER, THE STATE CO-OPERATIVE BANK LTD., ANANDAVALLEESWARAM BRANCH, WATER AUTHORITY BUILDING, ANANDAVALLEESWARAM, KOLLAM - 691 013. R1 & R2 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR, R3 & R4 BY ADV. SRI. NAGARAJ NARAYANAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.33863 of 2008-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 18th day of November, 2008. JUDGMENT Petitioner states that he was entitled to repay a loan availed from the 4th respondent and the property has been brought to sale as per Ext.P3 in terms of the SARFAESI Act. I do not find any jurisdictional error or legal infirmity in the impugned proceedings. Ext.P2 shows that the petitioner was given different dates to pay off the entire amounts availing the beneficial terms extended thereby. Even that was not utilized. With this situation, the learned counsel for the petitioner submits that the petitioner gives up all other contentions, including right, if any, to challenge the impugned proceedings before the DRT or any other authority and confines the WP(C)33863/08 -: 2 :- submission to a request that the petitioner may be permitted to pay off the outstandings in instalments. I am not impressed to act on Ext.P4. Recording the submission on behalf of the petitioner, this writ petition is ordered directing that the impugned proceedings will stand deferred for four months to enable the petitioner to get a last opportunity to pay off the entire outstandings by paying the amounts in four equal monthly instalments payable on or before 11th of every month commencing from December, 2008. If there is default in paying any of the instalments as aforesaid, the benefits of this judgment will stand recalled and the writ petition will stand dismissed automatically enabling the respondents to forthwith proceed with further distress action without fresh notice to the petitioner. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/201108