IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 33204 of 2008(C) -------------------------- PETITIONER(S): --------------- C.K.MOHINI, PROPRIETOR, M/S.MOHINI FUELS, H.P.C,DEALER,OMALLUR 689 647. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENT(S): --------------- 1. SOUTH INDIAN BANK, REGIONAL OFFICE,KAKKANATTU APARTMENTS ST.PETERS JUNCTION, PATHANAMTHITTA, REPRESENTED BY ITS CHIEF MANAGER (AUTHORIZED OFFICER) 2. THE RESERVE BANK OF INDIA, FORT, MUMBAI-1. 3. UNION OF INDIA, REPRESENTED BY SECRETARY, FINANCE AND BANKING DEPARTMENT, NEW DELHI. ADV. SRI.GEORGE VARGHESE,SC,SOUTH INDIAN BAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... I.A.1853 of 2009 & WP(C).NO. 33204 OF 2008 ............................................ DATED THIS THE 11 TH DAY OF FEBRUARY, 2009 JUDGMENT This writ petition, though filed challenging the proceedings under the SARFAESI Act, the petitioner has given up all the contentions and confined the submissions to a request for time to pay the entire amounts. Following the interim order dated 14.11.2008, I.A.15164 of 2008 was allowed, enlarging the time fixed for payment of Rs.2,00,000/-, in terms of the order dated 14.11.2008. Now the petitioner has filed I.A.1853 of 2009 seeking further enlargement of time, however, undertaking to pay the entire amounts less the amounts shown to have been paid in terms of Ext.P5 produced along with that I.A. The remaining amount to be paid off has necessarily to be wiped off at the earliest. Hence it is ordered that the distress action will stand deferred to 20.3.2009 to enable the petitioner to make payment of the entire remaining amounts by that time and save the property from distress action. Writ petition and I.A ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/12/2