IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 WP(C).No. 37180 of 2009(N) -------------------------------------- PETITIONER(S): ------------------------ HAREESH.P.H,S/O.LATE P.HARIDASAN PILLAI, AGED 35 YEARS,PLOT NO:19,SAPHIRE COURT,NAGPAL NIVAS,ARAKKAKADVU ROAD,VENNALA.P.O,KOCHI-28. BY ADV. MR.ASOK M.CHERIAN RESPONDENT(S): ----------------------- 1. THE SYNDICATE BANK,THRIPUNITHURA BRANCH, ERNAKULAM. 2. THE CHIEF MANAGER,THE SYNDICATE, REGIONAL OFFICE,SHANMUGHAM ROAD,ERNAKULAM-31. R1 & R2 BY ADV. MR.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.37180 of 2009 -------------------------- Dated this the 22nd January, 2010 J U D G M E N T The petitioner has approached this Court challenging the steps taken by the respondent Bank invoking the provisions under the SARFEASI Act to realize the amount due from the petitioner under the loan availed by him in the year 2007. 2. Learned counsel for the petitioner submits that the default was never wilful or due to any deliberate negligence on his side but for some unforeseen circumstances and earnest efforts are being made to clear the entire overdue amount and to have the loan account regularized, as offered and proposed by the concerned Branch Manager. 3. Learned counsel appearing for the respondent Bank, with reference to the statement filed, submits that the petitioner himself has admitted that the business has already been closed down and as such, the rescheduling of the loan is not possible. Learned counsel also submits that, if the petitioner is aggrieved, he can pursue Ext.P3 W.P (C) No.37180 of 2009 2 representation filed before the 1st respondent and it will be considered and appropriate orders will be passed before proceeding with the matter any further. 4. Taking note of the submissions made by either side, the petitioner is directed to deposit a sum of Rs.50,000/- on or before the 31st of this month, subject to which, Ext.P3 representation preferred by the petitioner shall be caused to be considered and finalized , as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Subject to the above, all further proceedings pursuant to Ext.P2 shall be kept in abeyance for the time being. Writ petition is accordingly disposed of. P.R.RAMACHANDRA MENON, JUDGE ma W.P (C) No.37180 of 2009 3 W.P (C) No.37180 of 2009 4