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 1ST JUNE 2009 / 11TH JYAISHTA 1931 WA.No. 697 of 2009() -------------------- AGAINST THE ORDER IN RP.170/2009 Dated 18/02/2009 IN WPC.30327/2008 .................... APPELLANT(S): -------------- 1. K.F.SEBASTIAN, E II/8, 10TH CROSS ROAD, WILLINGTON ISLAND, COCHIN - 3. 2. SMT.RAMA BAI, W/O.K.F.SEBASTIAN, -DO- -DO- BY ADV. SRI.DINESH R.SHENOY SRI.V.V.UNNIKRISHNAN RESPONDENT(S): --------------- 1. THE VIJAYA BANK, A COMPANY INCORPORATED UNDER THE BANKING COMPANIES ACT HAVING ITS REGISTERED OFFICE AT 41/2 M.G.ROAD, BANGALORE - 1 AND ITS REGIONAL OFFICE AT JOSE ANNEX, JOSE JUNCTION, M.G.ROAD, KOCHI1-16, REP. BY THE REGIONAL MANAGER, -DO - -DO- 2. VIJAYA BANK, WILLINGTON ISLAND BRANCH, TEE PEE EM CENTRE, WILLINGTON ISLAND, KOCHI - 3, REP. BY THE BRANCH MANAGER, SHRI.MURALEEDHARA SHENOY. ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.697 of 2009 ---------------------------------------------- Dated 1st June, 2009. J U D G M E N T Kurian Joseph, J. Appellants/petitioners approached this court aggrieved by the recovery steps initiated by the respondent Bank. In the nature of the view propose to take, it is not necessary to go into the merits of the case. It is brought to our notice that pursuant to our order dated 8.4.2009, the appellants have cleared the entire arrears and as such, the Bank does not have any objection to regularize the loan to the original loan period. Therefore, it is for the appellants to approach the Bank itself for further proceedings in the matter. Learned counsel appearing for the appellants submits that before the Bank compelling the appellants to execute an agreement, the appellants may be given an opportunity to consult a lawyer. This court need not advert to that contention since the learned counsel appearing for the Bank graciously submits that the appellants are always free to consult their lawyer. The apprehension of the Bank is regarding the action to be taken in case the appellants commit default in respect of future instalments. We need not deal with that WA NO.697/09 2 contention also, since being a loan transaction, it is always open to the Bank to take action in accordance with law and in the manner permissible under law. The Writ Appeal is disposed of with the above observations. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.697 of 2009 ---------------------------------------------- J U D G M E N T Dated 1st June, 2009.