IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(C).No. 4836 of 2011(D) ------------------------- PETITIONER(S): --------------- SAJI P.MATHEW, AGED 48 YEARS, S/O.P.T.MATHEW, PROPRIETOR, M/S.PEETEEYEM TRADERS, CSI SHOPPING CENTRE, KANJIKUZHY, KOTTAYAM. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------- THE MANAGER, STATE BANK OF MYSORE, KOTTAYAM BRANCH, VEETEEL ESTATE, KANJIKUZHY, P.O.MUTTAMBALAM, KOTTAYAM - 686004. ADV. SMT.A.SREEKALA SRI.RAJEEV.P.NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4836 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE STATEMENT ISSUED BY THE BANK EXT.P2- TRUE COPY OF THE CERTIFICATE ISSUED BY DR. JOSE CHACKO, CARDIOLOGIST, S.H.MEDICAL CENTRE, KOTTAYAM EXT.P3- TRUE COPY OF THE LETTER DATED 7.1.2011 ISSUED BY THE RESPONDENT EXT.P4- TRUE COPY OF THE REPRESENTATION DATED 9.2.11 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ADDL. EXT.P5- TRUE COPY OF NOTICE DATED 23.3.11 ISSUED BY THE RESPONDENT OF THE 5TH RESPONDENT ADDL.EXT.P6- TRUE COPY OF THE REPLY DATED 31.3.11 GIVEN BY THE PETITIONER TO THE RESPONDENT ADDL.EXT.P7- TRUE COPY OF STATEMENT SHOWING THE REMITTANCE ISSUED BY THE BANK OF THE 5TH RESPONDENT ADDL.EXT.P8- TRUE COPY OF THE POSSESSION NOTICE DATED NIL ISSUED BY THE BANK (TRUE COPY) P.A TO JUDGE P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).4836/2011 .............................................. Dated this the 2nd day of June, 2011 JUDGMENT Petitioner has approached this Court seeking for a direction to be given to the respondent to consider and dispose of Ext.P4 representation before taking any further coercive steps, in connection with the loan availed by the petitioner creating security interest over the property in question. 2. The learned counsel for the petitioner submits that after filing the writ petition, there was some subsequent turn of events. It is stated that the petitioner has satisfied a substantial portion of the liability and an I.A has been filed as 'I.A.No.8066/2011' with the following prayer. “For the reasons stated in the accompanying affidavit, it is most humbly prayed that this Honourable Court may be pleased to pass an order, granting 6 months' time to clear the liability as requested in additional Ext.P6, or in the alternative, to grant instalments as prayed in the writ petition, considering the payment made as seen in additional Ext.P7 so as to secure the ends of justice.” W.P.(C).4836/11 2 3. Learned counsel appearing for the Bank submits that, taking a lenient view, the Bank does have no objection in granting a total period of 'six months' to the petitioner, to clear the entire outstanding liability, provided the commitment is honoured and no default is made in this regard. After hearing both the sides, the writ petition is disposed of granting a period of 'six months' to the petitioner to clear the entire outstanding liability. The coercive proceedings, if any, shall be kept in abeyance till such time. It is made clear that if any default is committed in satisfying the liability as assured by the petitioner, it will be open to the respondent to pursue further steps for realization of the entire amount in lump sum. P.R.RAMACHANDRA MENON, Judge mrcs