IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 27437 of 2008(N) -------------------------------------- PETITIONER: -------------------- SABIR, AGED 24 YEARS, S/O. ABDUL AZEEZ, SOUMAYA MANZIL, KOZHIENDS VILAKAM, VAKKOM TRIVANDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.J.PRAJI RESPONDENTS: ----------------------- 1. ATHORISED OFFICER, LIC HOUSING FINANCE LIMITED, 2ND FLOOR, LEELA TOWERS, KESAVADASAPURAM, TRIVANDRAUM 695 004. 2. LIC HOUSING FINANCE LTD., 2ND FLOOR, LEELA TOWRS, KESAVADASAPURAM, TRIVANDRUM 695 004, REPRESENTED BY ITS MANAGER. BY SRI.R.S.KALKUAR, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27337/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE NOTICE ISSUED UNDER SECTION 13(4) BY THE 2ND RESPONDENT. EXT.P2:- COPY OF THE ORDER DT. 3.6.08 IN WPC. NO.235/08 OF THIS HONOURABLE COURT. EXT.P3:- COPY OF THE NOTICE DT. 6.8.08 BY THE IST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.27437 OF 2008 ------------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT The petitioner faced recovery proceedings following a loan availed by his father. W.P(C).235/08 was filed earlier and an order for stay was obtained with certain conditions. That was not complied with. The property was ultimately brought for sale. Having heard learned counsel for parties and having regard to the materials on record, I do not find any jurisdictional error or legal infirmity in the impugned proceedings. Faced with this situation, learned counsel for the petitioner submitted that his client gives up all contentions on merits and also the right by way of other statutory reliefs and confines the request to be one for an opportunity to repay the amounts in instalments. This submission is recorded and it is noted that the petitioner has paid an amount of Rs.4.5 lakhs following the interim order dated 9.9.2008. Accordingly, this writ petition is ordered directing that the impugned proceedings will stand deferred if the WPC.27437/08 Page numbers petitioner deposits amounts at the rate of Rupees One lakh per month, payable on or before the 20th of every month commencing from October, 2008. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically and distress action shall follow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.