IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 28287 of 2008(P) ---------------------------------------- PETITIONER: --------------------- THEVARPARAMBIL KHADEEJA, W/O MOYOTTIL HAMSA, AGED 44 YEARS, RESIDING AT ANANTHAVOOR AMSOM, KAZHUTHAKKARA DESOM, VAIRANGODE P.O., MALAPPURAM DISTRICT. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT: ----------------------- THE TIRUR URBAN CO-OPERATIVE BANK LTD., HEAD OFFICE TIRUR, MALAPPURAM DISTRICT, REP. BY AUTHORIZED OFFICER, ASST. GENERAL MANAGER, TIRUR URBAN CO-OPERATIVE BANK LTD., MALAPPURAM DISTRICT. BY ADV. SRI. P.J.DEVAPRASANTH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.28287 of 2008 ================================== Dated this the 23rd day of September, 2008. JUDGMENT Petitioner was issued a notice under Section 13 (2) of the SARFAESI Act in June, 2008 on account of default in repaying the loan availed by her. Petitioner did not pay the outstandings and accordingly Ext.P1 possession notice has been issued. There is no jurisdictional error or legal infirmity in the impugned proceedings. Faced with that situation, learned counsel for the petitioner submitted that his client gives up all other contentions and also the right to move other statutory Tribunals or courts and confines his request to be one for an opportunity to pay off the outstandings in instalments. Recording this submission, this writ petition is ordered directing that if the entire outstandings are paid in six equal monthly instalments, payable on or before the WPC28287/08 -:2:- 10th of every month, commencing from October, 2008, further distress action will stand dropped. If the petitioner fails to pay any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and the respondents will be at liberty to forthwith proceed with distress action. Thottathil B.Radhakrishnan, Judge. sl.