IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 33607 of 2008(A) -------------------------- CMP.3177/2008 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): --------------- 1. CHRISTUDHAS VARGHESE SOUMYS' HOUSE, PERIVAKU POST, THIRUVANANTHAPURAM. 2. SAJITHA OF DO.DO. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENT(S): --------------- 1. HDFC LTD., REP. BY ITS AUTHORISED OFFICER, SREEKUMARAN NAIR M.S. HDFC HOUSE VAZHUTHACAD, THIRUVANANTHAPURAM. 2. BRANCH MANAGER HDFC BANK, VAZUTHACAD BRANCH THIRUVANANTHAPURAM. BY ADV.SRI.K.K.CHANDRAN PILLAI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.33607 OF 2008 ------------------------------------------- Dated this the 27th day of November, 2008 JUDGMENT Heard. The petitioners availed a housing loan. They say that they do menial jobs and survive. There were proceedings under the SARFAESI Act against them and their house. Action has been taken under Section 14 of that Act. Following the interim order dated 14.11.2008, the petitioners have deposited an amount of Rs.50,000/-. Under such circumstances, if they pay a further amount of Rs.50,000/- within one month or earlier, the petitioners will be put back in possession of the building and they will be permitted to pay off the remaining outstandings in monthly instalments of Rs.4,000/-, payable on or before the 25th of every month commencing from January, 2009. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically and distress action shall follow. This writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.