IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33437 of 2008(E)
1. KUNHIMOHAMMAD, S/O. UNNIMOIDEEN,
... Petitioner
Vs
1. STATE BANK OF INDIA, REGIONAL BUSINESS
... Respondent
2. THE STATE BANK OF INDIA,
For Petitioner :SRI.DEVIDAS.U.K
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :14/11/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.33437 OF 2008
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Dated this the 14th day of November, 2008
JUDGMENT
The petitioner availed a loan for a commercial purpose,
defaulted repayment and did not reply to notice under Section
13 (2) of the SARFAESI Act by raising any objection. His only
request is for a facility to pay off the outstandings in instalments
and avert further action following Exts.P2 and P3, issued under
Section 13 (4) of the SARFAESI Act.
Having not pointed out any jurisdictional error or legal
infirmity in the impugned proceedings and being satisfied that
there is no such error or infirmity, this writ petition is ordered
directing that if the petitioner remits an amount of Rs.1.50 lakhs
within three weeks and continues to remit the entire remaining
portion, including accruals, in four equal monthly instalments,
payable on or before the last working day of every month
commencing from December, 2008, the impugned distress action
will be deferred and ultimately dropped. However, if there is
WPC.33437/08
Page numbers
default in remitting any of the amounts as aforesaid, the benefit
of this judgment shall stand recalled automatically and distress
action shall follow.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.