IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 31335 of 2010(N) -------------------------- PETITIONER: ------------------- JAYANATHAVALLI.S., S/O.LATE VISWANATHAN.L., 6/449, SIVANKOVIL STREET, NOORANI, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENTS: ---------------------- 1. THE MANAGER, SOUTH INDIAN BANK, KOZHINJAMPARA BRANCH, KOZHINJAMPARA P.O., PALAKKAD 678555. 2. AUTHORISED OFFICER, SOUTH INDIAN BANK, KOZHINJAMPARA BRANCH, KOZHINJAMPARA P.O., PALAKKAD 678555. BY ADV. SRI.K.K.JOHN,SC,SOUTH INDIAN BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 31335 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 13th day of October, 2010 JUDGMENT Consequent to default committed in repayment of a housing loan availed by the petitioner from the respondent Bank, coercive steps under the SARFAESI Act was initiated against immovable property of the petitioner, which is the secured asset. Ext.P1 is the notice issued intimating steps with respect to taking over possession of the property. 2. According to the petitioner, her husband was seriously ill and he died on 22-5-2010. She had spent huge amounts for his treatment. On receipt of Ext.P1, the petitioner had approached the respondents with a request to permit her to pay off the defaulted amounts, in order to regularize the account. According to her, the respondents are not taking note of such request and is proceeding with coercive steps. Hence this writ petition. 3. Heard Mr. K.K. John learned counsel appearing for the respondents. It is submitted that if the petitioner pays W.P.(C) No.31335/2010 2 the entire defaulted amount within a short time, she can be permitted to continue payment of future instalments as per the original schedule. 4. Under the above circumstances, this writ petition is disposed of directing the petitioner to remit the entire defaulted amount with interest and expenses if any due, within a period of one month from today. If the petitioner remits the entire defaulted amount as directed above, the respondents will permit her to continue payment of future monthly instalments in accordance with the original schedule. It is made clear that on the event of default, the respondents will be free to proceed with further steps pursuant to the notice already issued. C. K. ABDUL REHIM, JUDGE. mn.