JUDGMENT

Dated this the 17th day of February 2021 The petitioners have made the following prayers in this writ petition:

i. Issue a direction to the respondents to consider Exhibit P9 representation and to take appropriate decision therein giving reasonable time to remit outstanding amount or in alternative Hon'ble Court may grant petitioners reasonable time to remit the outstanding amount.

ii. Issue a direction staying further proceedings pursuant of Exhibit P7 order in MC No.77/2020 on the file of Chief Judicial First-Class Magistrate Thiruvananthapuram.

iii. Issue a direction commanding the respondents to keep in abeyance all further proceedings in pursuance of Exhibit P8 notice of advocate commission.

iv. Issue a direction to the respondents to regularise the loan account of petitioners after clearing the outstanding arrears.

2. Heard the learned counsel appearing for the petitioners.

Learned counsel for the petitioners argued that the petitioners have taken three loans from the respondents amounting to Rs.16,91,949/- and have made total payment of Rs.12,19,500/-. It is further argued that the petitioners are willing to clear off the overdue amount of two loans by 31.03.2021 and of the third loan by June 2021. According to the submissions of the learned counsel for the petitioners, possession of the residential property is going to be taken by the Advocate Commissioner on 18.02.2021.

3. Upon being questioned by this Court, learned counsel for the petitioners are unable to point out as to when the notice of demand under Section 13(2) of the SARFAESI Act was served on the petitioners. No such notice is annexed to this writ petition. The petitioners have also not pointed out notice issued under Section 13(4) of the SARFAESI Act by the secured creditor. Ext.P1 produced in this writ petition is the judgment of this Court by which, on earlier occasion, petitioners were permitted to pay the overdue amount with accrued interest in ten equal instalments starting from 30.01.2017. Ext.P6 is the reply notice issued by the secured creditor to the petitioners. In that notice, the respondents have clearly mentioned that the petitioners have disobeyed the directions given by this Court in the judgment dated 21.12.2016 passed in W.P.(C) No.40472 of 2016 (Ext.P1). By the reply notice at Ext.P6 sent by the respondents, the petitioners were informed that as on 10.12.2019, a total amount of Rs.6,80,239/- is outstanding in the loan account. Way back in the year 2019, by the reply notice at Ext.P6, the respondents had informed the petitioners that before taking legal action of taking over the possession of the secured asset by executing the order of the learned Chief Judicial Magistrate, the petitioners should close the loan account. It was further warned by the respondents that the Authorised Officer of the respondents is in the process of taking further steps under the provisions of the SARFAESI Act to enforce the security interest and to realise the loan amount outstanding by sale of the secured asset. Thus the petitioners were duly cautioned by the respondents on 10.12.2019 itself. However, it is seen that the petitioners have not cared to clear off the outstanding amount of loan. The document at Ext.P7 is an order passed by the learned Chief Judicial Magistrate in a petition filed under Section 14 of the SARFAESI Act on 15.02.2020 and an Advocate Commissioner was appointed as per the provisions of the said Act for taking possession of the secured asset.

4. Learned counsel for the petitioners submits that the

1st petitioner is a pensioner and the petitioners deserve some leniency.

5. I am afraid that such contention cannot be considered in the light of the provisions of the SARFAESI Act. The petitioners have already availed equitable relief from this Court on 21.12.2016 by getting the facility of repaying the overdue amount in ten equal instalments (Ext.P1). Thereafter also, petitioners have not cared to clear off the loan account. The prayers made