IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 W.P(C).No. 4056 of 2008(G) --------------------------------- PETITIONER: -------------- A.C.PANKAJAKSHY, W/O. LATE SHRI. CHAMI, AGED 55, NADUVATHOLIN HOUSE, KOTTAKUNNU P.O., SULTHANBATHERY. BY ADV. SRI.S.VISHNU RESPONDENTS: ----------------- 1. THE CHIEF MANAGER (AUTHORISED OFFICER), STATE BANK OF TRAVANCORE, KALPETTA BRANCH, KALPETTA, WAYANAD DISTRICT. 2. P.K.SASIKUMAR, S/O. SHRI. KARUPPAN, V/411, CONGRESS BHAVAN ROAD, KALPETTA P.O. 3. M.M.SAJEEV, MATHAPARAMBIL HOUSE, NALLURNAD P.O., MANANTHAVADI VIA, WAYANAD DISTRICT. 4. UNION OF INDIA, REPRESENTED BY THE SECRETARY (BANKING), MINISTRY OF FINANCE, NEW DELHI. BY ADV. SRI. SAJI VARGHESE, SC FOR SBT ASST. S.G., SRI. P. PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =================== W.P.(C) NO. 4056 OF 2008 G =========================== Dated this the 4 th day of February, 2008 J U D G M E N T Petitioner submits that she was surety to a loan availed of by the 2 nd and 3 rd respondents. Default was committed and proceedings were initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Bank proceeded to obtain an order from the Chief Judicial Magistrate in exercise of the powers under Section 14 as well. It is at that stage petitioner has submitted Ext.P3 application requesting for settlement of the accounts and seeking time for settling the liability. Complaining that there has not been any response to Ext.P3 application made by her, that this writ petition has been filed. 2. The only relief that is now sought before me is to direct the 1 st respondent to consider Ext.P3 and pass appropriate orders WPC 4056/08 :2 : thereon. Though Ext.P3 is not statutory in nature, still since the proceedings are initiated against the petitioner and as the endeavour is to know the exact extent of her liability, I am inclined to direct that the 1st respondent shall consider Ext.P3 and pass appropriate orders thereon. However this cannot be without any conditions having regard to the amount that now remains outstanding. In view of the above, I dispose of this writ petition directing that the 1st respondent shall take up and consider Ext.P3 request of the petitioner and pass appropriate orders thereon, as expeditiously as possible, at any rate within four weeks of production of a copy of this judgment. In the meantime, on the petitioner remitting 1/3rd of the amount that is due within ten days from today, further proceedings pursuant to Ext.P2 order passed by the Chief Judicial Magistrate will stand deferred until orders are passed on Ext.P3. ANTONY DOMINIC,JUDGE. Rp