IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34985 of 2007(M)
1. SURESH KUMAR.K., JYOTHIS, ATTUKAL,
... Petitioner
2. SMT.JYOTHI.B., JYOTHIS, ATTUKAL,
Vs
1. G.I.C. HOUSING FINANCE LTD.,
... Respondent
2. AUTHORISED OFFICER, G.I.C.HOUSING
For Petitioner :SRI.B.S.SWATHY KUMAR
For Respondent :SRI.V.M.KUTTY MOOSA
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :08/04/2009
O R D E R
P.R.RAMACHANDRA MENON, J.
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W.P.(C) No. 34985 of 2007
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Dated, this the 8th day of April, 2009
J U D G M E N T
The challenge involved in the Writ Petition is against Exhibit P1 and
P2 proceedings taken by the second respondent in furtherance to the steps
taken by them to realize the outstanding liability of the petitioner which has
been declared as ‘NPA’, invoking the powers under relevant provisions of
SARFAESI Act. The main prayer in the Writ Petition is to enable the
petitioner to clear the dues by way of installments. The above matter was
admitted by this Court on 27.11.2007 and despite the completion of service
of the notice and filing of counter affidavit by the respondents, no steps
have been taken by the petitioner to bring up the matter further.
Considering the facts and circumstances of the case, the Writ
Petition is disposed of directing the respondents to consider the prayer
raised by the petitioner to enable him to wipe off the entire outstanding
liability by way of reasonable installments. The final orders in this regard
shall be passed as expeditiously as possible and at any rate before
proceeding with further steps in furtherance to Exhibit P1 and P2
proceedings.
P.R.RAMACHANDRA MENON, JUDGE
kmd.