IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 15520 of 2009(H) -------------------------- PETITIONERS: --------------- 1. A.P.BASTIN, AGED 53 YEARS, S/O.VINCENT PETER, ARATTUKULAM HOUSE, PALLITHODU P.O., THURAVOOR, CHERTHALAI. 2. BERYL BASTIN, AGED 53 YEARS, W/O.A.P.BASTIN, AGED 53 YEARS, S/O.VINCENT PETER, ARATTUKULAM HOUSE, PALLITHODU.P.O., THURAVOOR, CHERTHALAI. BY ADV. MR. A.T.ANILKUMAR MS. V.SHYLAJA RESPONDENT: --------------- STATE BANK OF INDIA, ADB, ALLAPUZHA, MULLACKAL, ALLAPUZHA, REP.BY ITS BRANCH MANAGER. BY ADV. MR. JOSE JOSEPH, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 15520 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 8th day of June, 2009 JUDGMENT The petitioner is challenging the coercive steps stated as being pursued by the respondent Bank, under the relevant provisions of SARFAESI Act, when petitioner turned to be a defaulter and the assets have been declared as NPA. The only case of the petitioner is that, he has already been given the benefit of Agricultural Debt Relief Scheme as borne by Ext.P1, whereby he was required to clear the liability towards the arrears as on date by way of three installments as specified. 2. Learned counsel for the petitioner submits that the petitioner had taken earnest efforts to avail the said benefit remitting some amount towards the installments and that the entire liability will be wiped off before 30.6.2009. 3. Heard the learned counsel appearing for the Bank as well, who submits that, right from the beginning, the petitioner was a defaulter and that he deserves no sympathy at all. However, considering the submission made by learned counsel for the petitioner as genuine and bona fide, this Court finds it fit and proper to provide a final opportunity to the petitioner to wipe off the entire liability on or before 30.6.2009, as now put forth from the part of the petitioner. WP (C) No. 15520 of 2009 : 2 : 4. In the said circumstances, the Writ Petition is disposed of, directing the petitioner to clear the entire outstanding arrears with interest on or before 30.6.2009, so as to enable the Bank to provide the eligible benefit under the Scheme. It is also made clear that the petitioner will not be entitled to get any further extension of time. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd