IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 31542 of 2008(E) -------------------------- PETITIONER(S): --------------- SMT.V.SUMA, D/O.VARADALEKSHMI, AMAL COTTAGE, VELIYANNOOR, NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK REPRESENTED BY ITS AUTHORISED OFFICER, HEAD OFFICE, FORT, THIRUVANANTHAPURAM. BY ADV.SRI.K.G.RADHAKRISHNAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31542 OF 2008 ------------------------------------------- Dated this the 31st day of October, 2008 JUDGMENT The petitioner availed a loan from the respondent. On default in repayment, notice under Section 13 (2) of the SARFAESI Act was issued on 27.12.2007. The amount outstanding as on 20.10.2007 is Rs.6,23,920/-. The petitioner approached the Joint Registrar of Co-operative Societies, who, in turn, issued Ext.P3, directing the bank to give the petitioner the maximum relief to facilitate repayment. This was obviously because the petitioner, as evidenced by Ext.P1 series, had been undergoing treatment for certain ailments. The petitioner is shown to have entered into an agreement for sale of the property to a third person by name Das as per Ext.P4. With these materials, after giving up all other contentions, the petitioner seeks a last opportunity to pay off the outstandings and also withholding of further proceedings under the SARFAESI Act. Hence, taking the above submission into consideration and WPC.31542/08 Page numbers rejecting all other contentions and precluding the petitioner from moving the Debts Recovery Tribunal or any other authority against the impugned proceeding, this writ petition is ordered directing that if the entire outstandings are paid in six equal monthly instalments, payable on or before the last working day of every month commencing from November, 2008, the impugned distress action will be dropped. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically and distress action shall follow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.