IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 37914 of 2008(L) -------------------------- CMP.5619/2008 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): --------------- SANTHA, W/O. SREEKUMAR, KRISHNAVILASAM BUGALOW, CELIYAMCODE, MARANALLOOR P.O. NEYYATTINKARA TALUK. BY ADV. SRI.A.B.MOHANAKUMAR RESPONDENT(S): --------------- STATE BANK OF TRAVANCORE (SBT) VAZHUTHACAUD BRANCH, TRIVANDRUM -14, REPRESENTED BY ITS CHIEF MANAGER. BY ADV.SRI.SATHISH NINAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.37914 OF 2008 ------------------------------------------- Dated this the 1st day of January, 2009 JUDGMENT The petitioner is the co-obligant for two loans availed by her husband Sreekumar. Going by the petition, a car loan and a Suvidha loan were availed. The plea of the petitioner that notices under Sections 13(2) and 13(4) of the SARFAESI Act were not served does not stand in view of the submission of the bank that notice was issued in January, 2007 and was returned undelivered. The petitioner then confines the plea to be for two months' time to clear the entire outstandings. Under such circumstances, it is ordered that if the amounts due under the car loan, which is less than Rs.1 lakh, is paid on or before 10.2.2009 and if the entire amounts due under the Suvidha loan is paid on or before 30.3.2009, the impugned distress action will be dropped. The bank will produce a copy of this judgment before the Chief Judicial Magistrate and any order for dispossession will be listed for enforcement on 31.3.2009 and would be enforced if payments as aforesaid are not made. The WPC.37914/08 Page numbers time limits fixed as above shall be treated as peremptory. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.1/1.