IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 38269 of 2008(E) ---------------------------------------- PETITIONER(S): ------------------------- FATHIMA BEEVI, W/O.HUSSAIN, FATHIMA MANZIL, MANALI THOPPU, BALARAMAPURAM P.O., THIRUVANANTHAPURAM DISTRICT. BY ADVS. MR.N.P.PRAJEESH, MR.V.ANIRUDHAN NAIR. RESPONDENT(S): ---------------------------- 1. KERALA STATE CO-OP. BANK LTD., KARAMANA BRANCH, THIRUVANANTHAPURAM, REP. BY ITS BRANCH MANAGER. 2. AUTHORISED OFFICER, THIRUVANANTHAPURAM REGIONAL OFFICE, KERALA STATE CO-OP. BANK LTD., THIRUVANANTHAPURAM. 3. JOINT REGISTRAR OF CO-OP. SOCIETIES, JOINT REGISTRAR'S OFFICE, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENTAL OF CO-OPERATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. MR.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK. R3 & R4 BY GOVERNMENT PLEADER MR. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.38269/2008 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LOAN SANCTIONING ORDER DTD. 25/10/2005 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE RELEVANT PORTION OF LOAN PASS BOOK AND RECEIPTS SHOWING THE REMITTANCE OF THE LOAN INSTALLMENTS. EXT.P3: COPY OF THE NOTICE DTD. 08/09/2008 ISSUED UNDER SECTION 13 (2) OF THE SARFAESI ACT, 2002. EXT.P4: COPY OF THE NOTICE DTD. 11/12/2008 UNDER RULE 8(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 ISSUED BY THE 2ND RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION DTD. 17/12/08 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.38269 of 2008-E = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 18th day of February, 2009. JUDGMENT This matter arises from proceedings under the SARFAESI Act. Following the interim order dated 30-10-2008, the petitioner deposited Rs.85,000/-. The learned counsel for the bank states that if the petitioner deposits further amount of Rs.25,000/-, the transaction could be regularized. This is recorded. The petitioner gives up all other contentions and seeks relief in terms of what is aforesaid. This writ petition is accordingly ordered directing that if the petitioner deposits a further amount of Rs.25,000/- on or before 20-3-2009, the transaction would be regularized and the petitioner will continue to honour the contract. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/200209