IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 32293 of 2007(T) -------------------------- PETITIONER: --------------- MRS. VANAJA.P, (TP) KALLACHI QUARTERS, NEAR VHS SCHOOL, PANDIKADAVU, MANANTHAVADI-670645. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENTS: ----------------- 1. THE AUTHORIZED OFFICER, WEIZMANN HOMES LTD., 6/911, FIRST FLOOR, AARPEES ARCADE, YMCA CROSS ROAD, CALICUT-1. 2. WEIZMAN HOMES LTD., 6/911, FIRST FLOOR, AARPEES ARCADE, YMCA CROSS ROAD, CALICUT-1. BY ADV. SRI.P.V.BABY SRI.JOSHY THANNICKAMATTAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32293/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1 SERIES: PHOTOSTAT COPIES OF THE RECEIPTNO.145, DT.29.12.2004, RECEIPT NO.26922, DT.30.6.05 AND RECEIPT NO.163423 DT.28.2.2007. EXT.P2: PHOTOSTAT COPY OF THE NOTICE NO.WHL/DN/367/96-97, DT.30.5.06, OF THE 1ST RESPONDENT. EXT.P3: PHOTOSTAT COPY OF the NOTICE DATED 18.11.2006 OF THE 1ST RESPONDENT. EXT.P4: PHOTOSTAT COPY OF THE REPRESENTATION DATED 17.10.07 SUBMITTED BEFORE THE DISTRICT COLLECTOR, WAYANADU. EXT.P5: PHOTOSTAT COPY OF THE LETTER NO.P.G.C.2745/07, DT.17.10.2007 OF THE DISTRICT COLLECTOR, WAYANADU TO THE TAHSILDAR, MANATHAVADI. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =================== W.P.(C) NO. 32293 OF 2007 T =========================== Dated this the 4 th day of February, 2008 J U D G M E N T The petitioner had availed of a loan from the respondents. On account of default that was committed, proceedings were initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and it is stated by the respondents that they have obtained an order under Section 14 of the Act and is contemplating to resume possession of the mortgaged property. It is at that stage writ petition has been filed. The only request made by the counsel for the petitioner is that she is willing to pay the entire amount in default and that the respondents may thereafter continue the instalment facility that has originally been granted. WPC 32293/07 :2 : 2. I heard the counsel for the respondents also, who submit that the amount in default itself comes to Rs.1.75 lakhs and that the request of the petitioner can be considered if the full defaulted amount has been paid within the shortest possible time. 3. Having heard the submission made by the counsel for the petitioner and the respondents, I dispose of this writ petition in the following terms. 1) That within two weeks from today, the entire amount in default that is due to the respondents shall be paid by the petitioner. 2) Subject to payment as above, further proceedings pursuant to Ext.P3 possession notice will stand deferred. 3) Once payment is made as above, the respondents will consider regularising the loan transaction. 4) Needless to say that in case if default is committed in making payment as ordered above, the respondents will be free to continue the action that they have already initiated. ANTONY DOMINIC,JUDGE. Rp