IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WA.No. 572 of 2009 --------------------------------- AGAINST THE JUDGEMENT IN WPC.22231/2008 Dated 12/12/2008 .................... APPELLANT/PETITIONER ------------------------------------ RADHAKRISHNAN.K, ERATTAPLAVILA VEEDU, ATHIYANNOOR, RAMAPURAM, THANNIMMOODU P.O. THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.R.GOPAN RESPONDENT/RESPONDENT: ------------------------------------------- THE BRANCH MANAGER, STATE BANK OF INDIA, KOTTUKAL BRANCH, THIRUVANANTHAPURAM DISTRICT. BY STANDING COUNSEL SRI.K.K.CHANDRAN PILLAI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A No. 572 of 2009 ------------------------------------------ Dated, this the 6th day of April, 2009 JUDGMENT Kurian Joseph, J. Appellant is the petitioner in the writ petition. He approached this Court aggrieved by the recovery proceedings initiated by the respondent Bank. The learned Single Judge disposed of the writ petition directing payment by instalments so as to regularize the loan by paying the defaulted instalments. 2. When the writ appeal came up before us, we directed the appellant to remit a substantial portion of the alleged dues to show his bona fides. It is now admitted by the learned counsel for the Bank that an amount of Rs.2.5 lakhs has been paid as directed by this Court on 20.3.2009. 3. We are of the view that in such circumstances, the appellant/petitioner should be given an opportunity to approach the Bank itself for regularization of the loan highlighting also his grievance regarding similar treatment in the case of several others. W.A. No.572 of 2009 - 2 - In the above circumstances, we set aside the judgment of the learned Single Judge and dispose of the writ appeal as follows: It will be open to the appellant/petitioner to approach the Bank to work out his grievance regarding regularization of the loan within a period of two seeks from today. In the event of any such application being thus received by the respondent, the same shall be considered by the respondent with notice to the appellant/petitioner and appropriate orders in accordance with law shall be passed thereon within another one month. Further proceedings for recovery of the dues shall be deferred till such time, in case the application is received within the period of two weeks referred to above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns