IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 8006 of 2008(C) ------------------------- PETITIONER: ------------- ANILKUMAR.K., VEMPALLY HOUSE, KADUKKARAPILLY P.O., CHERTHALA, ALAPPUZHA. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENTS: ---------------- 1. STATE OF KERALA REPRESENTED BY REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. KERALA STATE CO-OPERATIVE BANK LTD., COBANK TOWERS, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 3. KERALA STATE CO-OPERATIVE BANK LTD., ALAPPUZHA BRANCH, ALAPPUZHA REPRESENTED BY ITS MANAGER. 4. AUTHORISED OFFICER, KERALA STATE CO-OPERATIVE BANK LTD. THIRUVANANTHAPURAM. R1 BY SR.GOVT.PLEADER SMT.ANU SIVARAMAN. R2 TO R4 BY ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.8006 of 2008-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of March, 2008. JUDGMENT 1.The petitioner defaulted repayment of loan availed from the second respondent. Action has been taken under the SARFAESI Act. I find no legal infirmity or jurisdictional error in Ext.P1 notice issued under Section 13(2). 2.Under such circumstances, this writ petition is disposed of directing that if the petitioner requests the second respondent for any facility to pay off the amounts in instalments, such relief could be extended by the first respondent as it may deem fit and proper. To aid such process, it is directed that proceedings on the WP(C)8006/2008 -: 2 :- basis of Ext.P1 will stand suspended for a period of one month, if the petitioner remits an amount of Rs.2 lakhs on or before the last working day of March, 2008 and he would be governed by such decision that the second respondent may take on the request of the petitioner. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/