IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 15520 of 2009(H) 1. A.P.BASTIN, AGED 53 YEARS, ... Petitioner 2. BERYL BASTIN, AGED 53 YEARS, Vs 1. STATE BANK OF INDIA, ... Respondent For Petitioner :SRI.A.T.ANILKUMAR For Respondent : No Appearance The Hon'ble MR. Justice P.R.RAMACHANDRA MENON Dated :08/06/2009 O R D E R 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
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
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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