IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 22653 of 2008(V) -------------------------- PETITIONER: ------------ 1. K.ABDUL SALAM,S/O. KUNJAYAYIN KUTTY KALLINGALAKATH HOUSE, CHENNARA P.O., MANGALAM (VIA) TIRUR. 2. KHADHEEJA, W/O. K.A. ABDULSALAM DO...DO...... BY ADV. SRI.BABU CHERUKARA RESPONDENTS: ------------- 1. AUTHORISED OFFIER, TIRUR URBAN CO-OPERATIVE BANK LTD NO.F.1818, HEAD OFFICE TIRUR 2. TIRUR URBAN CO-OPERATIVE BANK LTD NO.F.1818, HEAD OFFICE TIRUR (REPRESENTED BY ITS GENERAL MANAGER BY ADV.SRI.DEVAPRASANTH P.J. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.22653 OF 2008 ------------------------------------------- Dated this the 29th day of July, 2008 JUDGMENT Petitioners seek indulgence of this Court to avert SARFAESI Act proceedings. On behalf of the petitioners, it is submitted that they are giving up their statutory right to move the Debts Recovery Tribunal for reliefs under the statute. The short plea of the petitioners is that they may be granted four months' time to wipe off the outstandings and that the recovery proceedings may be deferred until then. Respondents, through standing counsel, submit that two awards were passed against the petitioners and thereafter, the first petitioner approached the Bank and gave two cheques which were dishonoured on presentation. On his instructions, those cheques were re- presented, again dishonoured. This followed complaints for offences punishable under Section 138 of the Negotiable Instruments Act and they are pending before the competent courts. Under such circumstances, the respondents point out that though they may not have objection in a few instalments WPC.22653/08 Page numbers being given, the request of the petitioners to defer proceedings for recovery for four months, without making any payment, cannot be sustained. Having heard counsel for parties, I find no jurisdictional error or legal infirmity in the impugned proceedings in as much as the transactions are admitted and the outstandings are not denied. Under such circumstances, this writ petition is ordered directing that the petitioners will be given a last opportunity by deferring the enforcement proceedings under the SARFAESI Act by four months, if they deposit the entire dues to the Bank in four equal monthly instalments payable on or before the 15th of every month, commencing from August, 2008 without fail. However, if there is default in remitting any of the instalments as aforedirected, the benefit of this judgment shall stand recalled automatically. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.29/7.