IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 20225 of 2009(W) -------------------------- PETITIONER: --------------- T.K.SUNILKUMAR, S/O.KAMALAMMA, ROADARIKATHU PUTHEN VEEDU, AMOTTUKONAM, CHAIKKOTTUKONAM P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. MR. KRISHNADAS P. NAIR MS. K.L.SREEKALA RESPONDENTS: --------------- 1. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, NEYYATTINKARA BRANCH, THIRUVANANTHAPURAM. 2. THE AUTHORISED OFFICER, THE CHIEF MANAGER, STATE BANK OF TRAVANCORE, NEYYATTINKARA BRANCH, THIRUVANANTHAPURAM. BY ADV. MR. R.S. KALKURA, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 20225 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 29th day of July, 2009 JUDGMENT The petitioner had availed a housing loan of Rs.6,23,486/- from the respondent Bank in the year 2005 and was effecting the repayments as scheduled. But in the meanwhile, the mother of the petitioner happened to be inflicted with 'carcinoma' and the petitioner had to incur huge expenses in connection with the hospitalization and treatment, which is a fact revealed from Ext.P3 treatment certificate issued from the Medical College, Trivandrum. Despite the adverse circumstances, the learned counsel for the petitioner submits that, the petitioner is ready and willing to clear the defaulted EMIs and he might be permitted to have the loan account regularized, lest it should lead to more adverse circumstances. 2. Heard the learned counsel appearing for the respondent Bank as well, who submits on instructions that, as on date a sum of Rs. 2.28 lakhs is due towards the defaulted EMIs. However, the learned counsel fairly submits that, taking note of the plight of the petitioner and his mother, some leniency can be shown and in any view of the matter, the petitioner will have to clear the entire defaulted EMIs so as to have the loan account regularized. WP (C) No. 20225 of 2009 : 2 : 3.Considering the facts and circumstances, the petitioner is directed to clear the defaulted EMIs by way of six equal monthly installments; the first of which shall be effected on or before the 10th of September, 2009, to be followed by the remaining installments to be effected on or before the 10th of the succeeding months. This will be over and above the liability of the petitioner to effect the regular EMIs as well. Subject to the above, the coercive proceedings, stated as being pursued against the petitioner, will stand deferred for the time being. It is made clear that, if the petitioner commits any default in remitting the installments towards the defaulted EMIs as above or if any two consecutive defaults are made with respect to the payment of regular EMIs, the Bank will be at liberty to proceed with further steps, from the stage where it stands now, for realization of the entire amount in a lump sum. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd