Lekshmi Kutty Amma vs State Bank Of Travancore … on 6 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3358 of 2009(Y)


1. LEKSHMI KUTTY AMMA,ALIAS LEKSHMI ANIL
                      ...  Petitioner

                        Vs



1. STATE BANK OF TRAVANCORE REPRESENTED BY
                       ...       Respondent

2. THE AUTHORIZED OFFICER, CHIEF MANAGER,

                For Petitioner  :SRI.M.R.ANANDAKUTTAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :06/02/2009

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                    -------------------------------------------
                     W.P(C).No.3358 OF 2009
                   -------------------------------------------
              Dated this the 6th day of January, 2009


                               JUDGMENT

The petitioner is a debtor of the first respondent. On

13.2.2008, nearly one year ago, Ext.P1 notice under Section 13

(2) of the SARFAESI was issued. Though certain amounts were

paid, the first respondent has taken action to take possession

with the aid of Section 14. All that the petitioner requests for is

an opportunity to arrange a private sale and pay off the

outstandings. The petitioner gives up all other contentions and

also the right to move the Debts Recovery Tribunal under

Section 17 of the SARFAESI Act. Under such circumstances, it is

directed that dispossession will stand deferred by three months

as last chance, if the petitioner remits an amount of Rs.3,00,000/-

on or before 15.3.2009. Within that time, if the petitioner

arranges a private sale and otherwise liquidate the entire

transaction, further proceedings will be dropped. The writ

petition is ordered accordingly.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.9/2.