IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 3990 of 2011(W) ------------------------------------- PETITIONER(S): ------------------------- PRASHEELA CLEATUS, W/O.CLEATUS PERIERA, TC 78/614, ANNIE HOUSE, BEACH P.O., SHANGUMUGHOM, THIRUVANANTHAPURAM-7. BY ADV. SRI.P.RAVEENDRAN PILLAI RESPONDENT(S): -------------------------- 1. UNION BANK OF INDIA, REP. BY ITS CHIEF MANAGER, UNION BANK OF INDIA, CHALAI, THIRUVANANTHAPURAM.695 015. 2. THE AUTHORIZED OFFICER (CHIEF MANAGER), UNION BANK OF INDIA, CHALAI, THIRUVANANTHAPURAM.695 015. BY ADV. SRI.A.S.P.KURUP, SC UNION BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.3990/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE DEATH CERTIFICATE ISSUED BY THE CONSULATE GENERAL OF INDIA AT DUBAI. P2 SERIES:- COPIES OF THE RECEIPTS INDICATING PAYMENTS TO THE LOAN ACCOUNT. P3:- COPY OF THE NOTICE ISSUED TO THE MINOR SON OF PETITIONER UNDER SECTION 13(2) OF THE ACT. P4:- COPY OF THE REPLY SENT TO THE RESPONDENTS BY THE PETITIONER DTD. 5.7.2010. P5:- COPY OF THE CMP. 5284/2010 BEFORE THE CHIEF JUDICIAL MAGISTRATES' COURT, THIRUVANANTHAPURAM. P6:- COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE CHIEF JUDICIAL MAGISTRATES' COURT, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.3990 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of August, 2011 J U D G M E N T The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) initiated by the respondents for recovery of the loan amount due from the petitioner to the respondents. This Court passed an interim order on 08.02.2011 on condition that the petitioner pays Rs.4 lakhs. It is submitted that the amount has been paid. The petitioner now submits that the petitioner may be given three months' time to pay off the entire balance amount due. This is opposed by the counsel for the Bank. However taking a lenient view, I direct the respondents to permit the petitioner to pay off the entire balance amount due under the loan in three months from today. If the petitioner does not clear off the entire balance amount due within three W.P.(C)No.3990 of 2011 -2- months from today, the respondents can continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/