IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 27620 of 2008(K) -------------------------- CRMP.4893/2007 of C.J.M.,KOLLAM .................... PETITIONER: ------------------- RAMLA BEEVI, PROPRIETRIX OF M/S STAR METALS, MEZHUVELIL KIZHAKKATHIL, CHALAPPANA NORTH, CLAPPANA P.O., KARUNAGAPPALLY,KOLLAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): --------------------------- 1. THE CHIEF MANAGER (AUTHORISED OFFICER), STATE BANK OF TRAVANCORE, REGION IV, ZONAL OFFICE, KSHP BUILDING COMPLEX, SANTHINAGAR, THIRUVANANTHAPURAM. 2. THE BRANCHMANAGER, STATE BANK OF TRAVANCORE, CLAPPANA BRANCH, PUNALUR. ADV. SRI.M.PATHROSE MATTHAI (SR.) STANDING COUNSEL SRI.SAJI VARGHESE FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO. 27620 OF 2008 (K) ------------------------------------------------------ Dated this the 14th day of October, 2008 J U D G M E N T The petitioner availed a loan for the purpose of conducting a small unit manufacturing aluminium vessels and house hold utensils. It appears that for the last about 2½ years that unit is not functioning and there was no transaction with the bank. The petitioner's husband who contributed labour to the unit fell sick and was hospitalised. Amounts also went as held back by trade debtors. When securitisation proceedings have been taken and order for dispossession has been issued under Section 14 of the Kerala Co- operative Societies Act, the petitioner challenges that action. There is no jurisdictional error or legal infirmity in the impugned proceedings. However, since the petitioner gives up all the contentions against securitisation proceedings and waives her right to move for DRT or any other authority and because she has demonstrated her bonafides by remitting an amount of Rs.1,00,000/-, it is ordered directing that the petitioner deposits an amount of Rs.60,000/-, within a period of one month and applies to the bank for one time settlement of the transaction, which scheme is stated to be available, the bank will consider such application of the petitioner W.P.(C) No.27620/2008 - 2 - sympathetically, to enable the petitioner to wipe off the entire outstandings, and that if the petitioner makes payments as aforesaid and if she abides by the directions of the bank regarding the OTS facility, the distress action will be held back and dropped. This writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/16/10 // True copy // P.A. to Judge.