IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 25496 of 2007(I) ------------------------------------- PETITIONER: ------------------- RANJITHAKUMARI P., AGED 34 YEARS, W/O. RAMESH NAIK, G2, 1ST CROSS ROAD, PANAMPILLY NAGAR, COCHIN - 36. BY ADV. SRI.VARGHESE C.KURIAKOSE, ADV. SRI.PRAVEEN.K.JOY. RESPONDENTS: ------------------------ 1. BANK OF INDIA, NORTH PARVOOR BRANCH, NORTH PARVOOR, ERNAKULAM DISTRICT, REPRESENTED BY ITS BRANCH MANAGER. 2. RECOVERY OFFICER, DRT, ERNAKULAM. 3. MURENDRAN P., KANNANPARAMBIL HOUSE, NORTH PARAVOOR. 4. VENUGOPAL P., KANNANPARAMBIL HOUSE, NORTH PARAVOOR. R1 BY ADV. SRI.DEVAN RAMACHANDRAN, ADV. SMT.T.G.SEETHAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25496/2007-I: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE NOTICE DTD. 31/07/2007 ISSUED BY THE R.2. EXT.P.2: COPY OF THE OBJECTIONS SUBMITTED BY THE PETITIONER TO EXT.P.1. NOTICE. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.25496 OF 2007 ------------------------------------------- Dated this the 21st day of January, 2008 JUDGMENT The petitioner is the legal representative of a deceased debtor under a recovery certificate issued by the DRT. At the time of consideration of the case today, petitioner, through counsel, confined the submissions to a request for a facility to pay the outstandings and avoid distress action by offering an amount of Rs.10,00,000/- to be paid within two weeks from now, with a direction to the bank to consider whether there is any ameliorative benefits that can be extended to her. In such circumstances, this writ petition is disposed of directing that if an amount of Rupees Ten Lakhs is remitted within a period of two weeks from now, further recovery proceedings will stand deferred and the bank will consider whether the petitioner is entitled to any ameliorative benefits in accordance with law and the extent of such benefits as may be available in the wisdom of the bank. Such a decision will be communicated to the petitioner within a period of three weeks after the deposit of WPC.25496/07 Page numbers Rs.10,00,000/- as stated above and the petitioner will remit the balance outstandings in two equal monthly instalments payable on or before the 29th of February and 28th of March, 2008, without fail. The recovery officer will schedule the sale having regard to the aforesaid time limits so that if the petitioner defaults payment of any of the instalments as aforedirected, the sale could be immediately carried out. The directions in this judgment in favour of the petitioner would then stand cancelled. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.