IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 10445 of 2009(A) -------------------------- CMP.13644/2008 of C.J.M.,KOLLAM .................... PETITIONER(S): PETITIONERS -------------------------- 1. SAFIA BEEVI,AGED 55 YEARS, W/O.KABEER M.,M.R.MANZIL, HOUSE NO.75,UPASANA NAGAR, KOLLAM 1. 2. KABEER,AGED 57 YEARS, S/O.MUHAMMAD KUNJU, M.R.MANZIL,HOUSE NO.75, UPASANA NAGAR,KOLLAM 1. BY ADV. SRI.V.V.RAJA SRI.R.RANJITH RESPONDENT(S): RESPONDENTS -------------------------- 1. THE QUILON CO-OPERATIVE URBAN BANK LTD. NO.960,KOLLAM,REP.BY ITS GENERAL MANAGER. 2. THE AUTHORIZED OFFICER, THE QUILON CO-OPERATIVE URBAN BANK LTD. NO.960,KOLLAM. 3. THE SALE OFFICER, ASSISTANT REGISTRAR/ARBITRATOR CUM SPECIAL SALE OFFICER,KOLLAM URBAN CO-OPERATIVE BANK, KOLLAM. 4. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES,KOLLAM. BY GP K C SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 10445 OF 2009 ............................................ DATED THIS THE 31st DAY OF MARCH, 2009 JUDGMENT Notice to respondents 1 and 2 is dispensed with preserving their right to move for review of this judgment, if aggrieved. Government Pleader takes notice for third and fourth respondents. 2. The second petitioner who underwent certain physical problems as evidenced by Ext.P3 and her husband, the first petitioner, who also suffered certain situation evidenced by Exts.P1 and P2, is stated to have availed a loan of Rs.3,00,000/- in connection with the marriage of their daughter. The parties are muslims. In the normal course, even the Muslim Law does not concede to any custom of any amount being paid to the groom whereas law relating to muslim community contemplate a provision being made by the groom in favour of the bride. If that were so and on the face of Dowry Prohibition act and other attendant statutory provisions, it is unfortunate that an amount of Rs.3,00,000/- has been spent on a marriage, particularly when WP(C) 10445/2009 2 the facts in hand disclose that petitioners do not have the ability to repay the entire loan. 3. With the passage of time, accruals have compelled the bank to initiate action. They have obtained order under Section 14 of SARFAESI Act from the Chief Judicial Magistrate. The petitioners show on the strength of Ext.P7 that an amount of Rs.70,000/- was paid on 30.3.2009, that is yesterday. Taking that into consideration, it is ordered that if the entire remaining outstandings is paid off in five equal monthly instalments, payable on or before 25th of every month, commencing from April 2009, the impugned distress action will be deferred and thereafter dropped ultimately on satisfaction of the total accruals. If there is default in repayment of any of the instalments as aforesaid, the respondents will be at liberty to further proceed with the impugned action forthwith. Learned Chief Judicial Magistrate will also defer the proceedings in the light of what is stated above. It is further clarified that this judgment will not WP(C) 10445/2009 3 stand in the way of the creditor bank extending any ameliorative measure by reducing the possible outstandings, if sought for, by the petitioners. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/1/4