IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 8648 of 2009(A) ------------------------- CMP.5615/2008 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): --------------- JAYAKUMAR,AGED 48 YEARS, S/O.GOPALAN NAIR, MUNDAKONATH VEEDU, POOVATHUR, NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): --------------- THE AUTHORIZED OFFICER, CHIEF MANAGER (ADVANCES) STATE BANK OF TRAVANCORE, REGION II, ZONAL OFFICER, THIRUVANANTHAPURAM. ADV. SRI.K.S.DILIP, S.C. ADV.SRI.K.K.CHANDRAN PILLAI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.8648 OF 2009 ------------------------------------------- Dated this the 6th day of April, 2009 JUDGMENT The petitioner, now aged 48 years going by the affidavit, is an ex-service man. He availed a loan in connection with an activity in hollow bricks. The loan was not repaid. The bank filed a suit and obtained a decree. On the strength of that decree, the bank has initiated action under the SARFESI Act. There is no jurisdictional error or legal infirmity in the impugned proceedings. Since the amount due is in terms of the decree, the quantification of the amount sought to be recovered under the SARFESI Act is beyond challenge. The total accruals by now is around Rupees Five Lakhs. In terms of the interim orders, an amount of Rs.50,000/- has been paid. Taking that also into consideration, it is directed that if the petitioner remits amounts at the rate of Rs.50,000/- per month, payable on or before the 10th of every month commencing from May, 2009, the impugned distress action will be deferred and ultimately dropped. However, if there is default in remitting any of the instalments as WPC.8648/09 Page numbers aforesaid, the benefit of this judgment will stand recalled automatically and distress action will follow. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.8/4.