IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 15839 of 2009(Y) -------------------------- CMP.5040/2007 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): ------------------------ SARADA SOBHANA, AGED 49 YEARS, W/O.RAVEENDRAN, SANDHYA BHAVAN, MANALOOR, NEYYATTINKARA P.O., TRIVANDRUM DISTRICT. BY ADV. MR.B.HARISH KUMAR RESPONDENT(S): --------------------------- 1. THE AUTHORIZED OFFICER, CHIEF MANAGER (ADVANCES), STATE BANK OF TRAVANCORE, REGION II, ZONAL OFFICE, TRIVANDRUM. 2. THE MANAGER, S.B.T., NEYYATTINKARA BRANCH, TRIVANDRUM DISTRICT. R1 & R2 BY ADV. MR. R.S.KALKURA, SC, SBT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 15839 OF 2009 ......................................................................... Dated this the 11th June, 2009 J U D G M E N T The petitioner has approached this Court challenging the coercive proceedings taken by the respondent Bank under the SARFAESI Act, when the petitioner turned to be a chronic defaulter in repaying the loan amount procured by her from the Bank. It is brought to light that the petitioner had approached this Court earlier with the same grievances, when Ext. P6 judgment was passed by this Court providing an opportunity to the petitioner to clear the entire liability in the manner as specified therein. It was also added therein, that the judgment would not stand in the way of the petitioner in approaching the Bank for any other eligible concession, if available. It is the case of the petitioner that she has approached the respondent Bank for further benefits and that she had also effected some payments as evident from Ext.P7. It is further stated that the W.P.(C) No. 15839 OF 2009 2 husband of the petitioner met with a motor accident and is lying paralysed in a 'comma' stage for the past two years. 2. Considering the particular facts and circumstances and also in view of the observation made by this Court in Ext. P6 and reckoning the turn of events right from the beginning till date, this Court finds that it will be fit and proper to grant one more opportunity to the petitioner to clear the entire arrears. 3. The learned Counsel appearing for the Bank, on instruction submits that as on date, a sum of Rs.4,60,000/- is due from the petitioner, though the amount shown in Ext. P1 as realisable is stated as Rs.5,53,536/-. This shows that the petitioner has effected some payments after issuance of Ext.P1 proceedings. 4. Considering the above facts and circumstances, the petitioner is directed to pay a sum of Rs. One lakh within one month from today and the balance amount shall be paid by way of five equal monthly installments, commencing from 25.07.2009. It is also made clear that the petitioner will not be entitled to get any further extension of time with regard to the W.P.(C) No. 15839 OF 2009 3 remittance as aforesaid and if any default is committed by the petitioner in repayment of the installments as above, the Bank will be at liberty to proceed against the petitioner and her assets, pursuing the proceedings from the stage where it stands now. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk