IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 576 of 2009(R) ------------------------ PETITIONER(S): --------------- RAZEENA, W/O.HARIS.K.K, KUDUPPANAKKUNNEL HOUSE,KANGAZHA.P.O, MANIMALA, KOTTAYAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE,EDAYIRIKKAPUZHA BRANCH, REPRESENTED BY ITS BRANCH MANAGER. 2. AUTHORISED OFFICER AND CHIEF MANAGER, STATE BANK OF TRAVANCORE,REGION-II,ZONAL OFFICE, KOTTAYAM. 3. HARIS.K.K, KUDAPPANAKKUNNEL HOUSE, KANGAZHA.P.O, NOW EMPLOYED AT METRO TAXI(LLC), PO.BOX NO.80771, DEIRA 2/1/74605, MOB:971503356764. 4. UNION OF INDIA REP.BY ITS SECRETARY, DEPARTMENT OF FINANCE, NEW DELHI. R1, R2 BY ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE SRI.SAJI VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.576 OF 2009 ------------------------------------------- Dated this the 6th day of March, 2009 JUDGMENT The petitioner is the wife of one Haris, who availed an Over Draft facility for running a provision store. The transaction led to issuance of Ext.P1 notice under Section 13(2) of the SARFAESI Act, followed by an effort for compromise and certain payments. The petitioner is facing dispossession from the residential home following proceedings under Section 14 of that Act. In terms of the interim order, the petitioner has remitted an amount of Rs.1,00,000/-. As of now, her husband is stated to be in the Gulf in connection with a newly secured employment. The petitioner, who is an E.D.Packer in a Post Office, undertakes to pay off the remaining outstandings. Having regard to the totality of the facts and circumstances, it is directed that if the petitioner remits amounts at the rate of Rs.25,000/- per month, payable on or before the 28th of every moth commencing from March, 2009, the impugned distress action will stand deferred and ultimately dropped on satisfaction of the remittance of the WPC.576/09 Page numbers entire outstandings. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and distress action will follow. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.6/3.