IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 13682 of 2007(D) ------------------------------------- PETITIONER(S): ------------------------ MRS.SUSEELA A.K., ELAVALLY THARAVATTIL HOUSE, N.G.O.QUARTERS, FLAT NO.2/9, AYYANTHOLE P.O., THRISSUR. BY ADV. MR.RANJITH XAVIER RESPONDENT(S): ------------------------ 1. HOUSING DEVELOPMENT FINANCE CORPORATION LTD., HDFC HOUSE, POST BAG NO.1667, RAVIPURAM JUNCTION, M.G.ROAD, KOCHI-682 015, REPRESENTED BY ITS CHAIRMAN. 2. AUTHORISED OFFICER, HOUSING DEVELOPMENT FINANCE CORPORATION LTD., HDFC HOUSE, POST BAG NO.1667, RAVIPURAM JUNCTION, M.G.ROAD, KOCHI-682 015. BY ADV. MR.K.K.CHANDRAN PILLAI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13682/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE DEMAND NOTICE DT. 20.2.07. P2:- COPY OF THE OBJECTIONS D.T 3.4.07 SENT BY PETITIONER TO THE 2ND RESPONDENT. P3:- COPY OF THE REPLY LETTER DT. 12.4.07 SENT BY THE 2ND RESPONDENT TO THE PETITIONER. TRUE COPY P.A. TO JUDGE TSS P.R.RAMACHANDRA MENON, J. ====================== W.P.(C) No.13682 of 2007(D) ====================== Dated, this the 26th day of March, 2009 J U D G M E N T The subject matter of challenge in this writ petition is against Exhibit P1 proceedings taken by the respondent bank under the Securitization and Reconstruction of Financial Assets and Enforcement of Society Interest Act, 2002 (SARFAESI Act) for realisation of the amount due from the petitioner extended to her under a housing loan, which is declared as Non-Performing Asset (NPA) by the bank. The liability to pay the outstanding amounts is not disputed. The prayer of the petitioner as revealed from Exhibit P2 was only to permit her to clear the liability by way of five equal monthly instalments. This request, however, is stated as rejected by the bank as per Exhibit P3. While praying for a direction commanding the second respondent not to proceed against the petitioner's property as covered by Exhibit P1 notice, the other prayer is to direct the first respondent to furnish a statement of balance showing the actual amounts due under the loan account and to enable her to clear the said liability in 'two' equal monthly instalments. W.P.(C) No. 13682/2007 -:2:- 2. It is seen that when the above writ petition was admitted by this Court on 24-4-2007, an interim order of stay was granted till 25-05-2007, on condition that the petitioner paid 50% of the amount covered by Exhibit P1 within one month. The learned counsel for the petitioner submits that the petitioner could not comply with the condition specified by this Court and admittedly, no petition was filed seeking for extension of time. Apparently, 2½ years have already elapsed after passing the above interim order and since the relief sought for is to permit the petitioner to clear the liability in 'two' equal monthly instalments, this Court does not find it fit or proper to interfere with the impugned proceedings. Absolutely, no tenable ground is pointed out to show any further leniency in the matter. The writ petition fails and the same is dismissed. Sd/- P.R.RAMACHANDRA MENON, JUDGE. skr // True copy // P.A. to Judge.