IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 3358 of 2009(Y) ------------------------- PETITIONER(S): --------------- LEKSHMI KUTTY AMMA,ALIAS LEKSHMI ANIL KUMAR, LEKSHMI GARDENS, NEAR S.M.V.HIGH SCHOOL OVER BRIDGE, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE REPRESENTED BY ITS MANAGER, PUTHENCHANTHAI BRANCH, THIRUVANANTHAPURAM. 2. THE AUTHORIZED OFFICER, CHIEF MANAGER, STATE BANK OF TRAVANCORE,PUTHENCHANTHAI BRANCH, THIRUVANANTHAPURAM. BY ADV.SRI.R.S.KALKURA, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.3358 OF 2009 ------------------------------------------- Dated this the 6th day of January, 2009 JUDGMENT The petitioner is a debtor of the first respondent. On 13.2.2008, nearly one year ago, Ext.P1 notice under Section 13 (2) of the SARFAESI was issued. Though certain amounts were paid, the first respondent has taken action to take possession with the aid of Section 14. All that the petitioner requests for is an opportunity to arrange a private sale and pay off the outstandings. The petitioner gives up all other contentions and also the right to move the Debts Recovery Tribunal under Section 17 of the SARFAESI Act. Under such circumstances, it is directed that dispossession will stand deferred by three months as last chance, if the petitioner remits an amount of Rs.3,00,000/- on or before 15.3.2009. Within that time, if the petitioner arranges a private sale and otherwise liquidate the entire transaction, further proceedings will be dropped. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.9/2.