IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 3755 of 2009(V) ------------------------------------- PETITIONER: ------------------- PAVITHRAN, S/O.NATARAJAN, CHARUVILLA PUTHEN VEEDU, VALIYODE P.O., CHEPRA, KOLLAM. BY ADV. MR.RAJEEV. K.S. RESPONDENTS: ------------------------ 1. BRANCH MANAGER, UNION BANK OF INDIA, KOTTARAKKARA BRANCH. 2. CHIEF MANAGER, REGIONAL BANK BHAVAN, M.G.ROAD, STATUE, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, KOLLAM. R1 & R2 BY ADV. MR. A.S.P. KURUP, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 3755 OF 2009 ............................................ DATED THIS THE 4TH DAY OF FEBRUARY, 2009 JUDGMENT Petitioner availed a housing loan. It is stated that he also has an agricultural loan. Petitioner does not challenge the impugned proceedings but admits default in repayment. He attributes it to an unexpected expenditure in connection with the treatment of his parents. Since the petitioner gives up the challenge to the proceedings and also gives up his right to challenge the proceedings before the Debt Recovery Tribunal, I am inclined to consider the request for a direction to the Bank to regularise the transaction. 2. Learned counsel for the petitioner states, on instructions, that after giving credit to the amounts paid, even after notice, a further outstanding of around Rs.65,000/- is pending. It is also stated that amounts are due under the agricultural transaction. However, petitioner would be entitled to certain benefits, if he makes certain payments in that account. 3. Taking into consideration the aforesaid submissions, it is ordered that if the petitioner remits an amount of Rs.30,000/- on or before 28.2.2009 and Rs.35,000/- on or before 28.3.2009, the impugned proceedings will be deferred, enabling the petitioner an opportunity to enjoy the facility of housing loan. Petitioner will also make remittances towards the agricultural loan by 15th of May 2009. He will have to continue to make due remittances in terms of instalments under the Housing loan from such month as may be directed by the Manager of the Bank. WP(C) 3755/2009 2 Writ petition ordered accordingly. If there is default in remitting any of the instalments as aforesaid, the benefit of this judgment will be recalled automatically and respondents will be at liberty to proceed with further action. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk