IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 23^RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946 WP(C) NO. 23158 OF 2024 PETITIONER:

VEERABABU, AGED 54 YEARS S/O. ARUNACHALAM, AYYAPPAS, VENGANOORTHERUVU, PUNNAMOODU, PALLICHAL, KALLIYOOR, THRIVUNANANTHAPURAM, KERALA, PIN - 695020 BY ADVS.

P.JINISH PAUL SNEHA V.

FATHIMA SHERIN RESPONDENT:

REPCO HOME FINANCE LTD., PROMOTED BY REPCO BANK, GROUND FLOOR, NIHAL COMPLEX TC NO. 20/2381, NH MAIN ROAD, KARAMANA, THIRUVANANTHAPURAM, REPRESENTED BY ITS BRANCH MANAGER, PIN - 695002 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 23^rd day of September, 2024 The present Writ Petition has been filed seeking the following prayers:

(a) To issue a Writ of Mandamus, or such other Writ, Order or Direction to the respondent to keep in abeyance the proceedings pursuant to Ext.P2 to auction the mortgaged property of the petitioner.

(b) To direct the respondent to grant reasonable time to petitioner to pay off the debt either in installment or as lumsum payment on arriving at a onetime settlement within reasonable time of at least six months, to meet ends of justice.

(c) Pass such other orders or directions as may be deemed necessary in the facts and circumstances of the case and in the interests of justice.

2. In compliance of the interim order dated 27.06.2024, the petitioner has paid Rs.3,00,000/- to the respondent- Financial Institution. However, there is no representation on behalf of the respondent Financial institution.

3. The writ petition is disposed of, with liberty to the petitioner to approach the respondent-Financial Institution for rescheduling the payment terms/One Time Settlement and if the petitioner approaches the respondent-Financial Institution within a period of 15 days from today for rescheduling payment terms/One Time Settlement, the respondent should take appropriate decision on such request of the petitioner. For a period of one month from today, further proceedings under the provisions of the SARFAESI Act and Rules made thereunder shall be kept in abeyance.

With the aforesaid direction, the present writ petition stands finally disposed of.

Sd/-

DINESH KUMAR SINGH JUDGE AP APPENDIX OF WP(C) 23158/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE OPERATION NOTES DATED

2/10/2021 FROM THE SUT HOSPITAL PATTOM Exhibit P2 TRUE COPY OF THE E-AUCTION SALE NOTICE DATED

17.05.2024 ISSUED BY THE RESPONDENT BANK Exhibit P3 THE RECEIPT OF PAYMENT DATED 08-07-2024 AND

09-07-2024