IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 24579 of 2011(V) -------------------------- PETITIONER(S): --------------- 1. DEVAKI, RANI VILLA, VADASSERIKONAM P.O, THIRUVANANTHAPURAM DIST. 2. P.VYOMAKESHAN, RESIDING AT RANI VILLA, VADASSERIKONAM (PO) THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): --------------- 1. INDIA OVERSEAS BANK, REPRESENTED BY ITS AUTHORISED OFFICER, INDIA OVERSEAS BANK, VARKALA BRANCH, THIRUVANANTHAPURAM DISTRICT – 695 141. 2. THE AUTHORISED OFFICER, INDIA OVERSEAS BANK, VARKALA BRANCH, THIRUVANANTHAPURAM DISTRICT – 695141. 3. THE BRANCH MANAGER, INDIA OVERSEAS BANK, VARKALA BRANCH, THIRUVANANTHAPURAM DISTRICT – 695141. 4. M/S.HEERA ENTERPRISES, PERUINGULAM, VARKALA, REPRESENTED BY ITS PROPRIETRIX MRS.HEERA DEVI, M/S.HEERA ENTERPRISES, PERUINGULAM, VARKALA, PIN – 695 145. PRESENTLY FUNCTIONING AT THOPPIL, MOONGODU (PO) VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN – 695 144. 5. MRS.HEERA DEVI, CP II 357, ROSHANARA, NARIKALLU MUKKU, CHERUNIYOOR, PALACHIRA (PO), VARKALA – 695 141. ADV. SRI.LEO GEORGE,SC,INDIAN OVERSEAS BANK FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24579 of 2011(V) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE NOTICE DTD.16.8.2011 EXT.P2: COPY OF THE SALE NOTICE DTD.18.8.2011 EXT.P3: COPY OF THE REPRESENTATION DTD.23.08.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.24579 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of September, 2011 J U D G M E N T The petitioners are aggrieved by the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) initiated by the respondents 1 to 3 for recovery of loan amounts due from the respondents 4 & 5, for repayment of which, the petitioners are guarantors. The petitioners do not dispute the liability to pay or the quantum. The petitioners only seek facility to pay off the amount in two instalments. The petitioners also point out that, in Ext.P2 advertisement, the respondents 1 to 3 have included the photographs of the petitioners also which is unbecoming of a nationalized bank insofar as for sale of the mortgaged property, photographs of the defaulters are not necessary at all. 2. The Standing Counsel for the respondents 1 to 3 opposes the prayers. 3. Having heard both sides, I dispose of this writ petition with the following directions: The respondents 1 to 3 shall allow the petitioners to pay off W.P.(C)No.24579 of 2011 -2- the amount in two instalments payable on 01.10.2011 and 01.11.2011. If the petitioners pay the instalments on the said dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioners commit default in payment of any of the two instalments, it would be open to the respondents 1 to 3 to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. On payment of the amounts due, the title deeds of the properties of the petitioners shall be returned to them promptly. I also express my displeasure in the respondents 1 to 3 publishing the photographs of the petitioners also in Ext.P2 advertisement regarding the sale of the properties mortgaged. The respondents 1 to 3 shall refrain from repeating the same in future. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/