IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 35676 of 2010(H) -------------------------- PETITIONER(S): --------------- HOUSING DEVELOPMENT FINANCE CORPORATION LTD., REPRESENTED BY THE RECOVERY OFFICER (LEGAL) FOR KOTTAYAM BRANCH, NOW WORKING IN THE OFFICE OF HDFC, LEGAL SECTION, M.G.ROAD, RAVIPURAM, KOCHI. BY ADV. SRI.C.P.SAJI SMT.P.DEEPTHI RESPONDENT(S): --------------- 1. CENTRAL BANK OF INDIA, REPRESENTED BY ITS SENIOR MANAGER, KAVIYOOR BRANCH, THIRUVALLA, PATHANAMTHITTA DISTRICT-689 587. 2. REGIONAL MANAGER, REGIONAL OFFICE, CENTRAL BANK OF INDIA, GOPAL BUILDINGS, THIRUVILA ROAD, THAMPANOOR, THIRUVANANTHAPURAM-1. 3. BRANCH MANAGER, CENTRAL BANK OF INDIA, PATHANAMTHITTA BRANCH, PATHANAMTHITTA-1. 4. GANDHI DEVAN, KONOTH HOUSE, ANGADIKKAL SOUTH P.O., CHENGANNOOR, ALAPPUZHA-22. ADV. SRI.DEVAN RAMACHANDRAN FOR R1 SRI.K.M.ANEESH FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.35676 of 2010-H ---------------------------------------- Dated this the 8th day of March, 2011. J U D G M E N T The 4th respondent had availed a housing loan from the petitioner by mortgaging certain immovable property, upon which a common security interest was created by the 1st respondent also, by virtue of Ext.P1 “PARI PASSU agreement”. Grievance voiced in this writ petition is that, eventhough the 4th respondent had defaulted payment, the 1st respondent was not co-operating in initiating recovery steps under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). 2. In a statement filed on behalf of respondents 1 to 3, it is made clear that the amount due from the 4th respondent to the 1st respondent had already cleared payment and the 1st respondent has no objection in proceeding with any steps of recovery on the basis of Ext.P1 agreement, against the immovable property in question. W.P(C) No.35676 of 2010-H 2 Learned counsel appearing for the 1st respondent submitted that the title deed and other documents in relation to the property can be handed over to the petitioner for taking such steps. Under the above circumstances, the writ petition is disposed of, recording the stand taken by the 1st respondent. C.K.ABDUL REHIM JUDGE ab