IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 29046 of 2008(G) -------------------------- PETITIONER(S): --------------- GEETHA KUMARI.S., W/O.SREEKUMAR, SREE GEETHAM, AYAIKUNNAM, SASTHAMKOTTA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. THE AUTHORIZED OFFICER, THE KERALA STATE CO-OPERATIVE BANK LIMITED, REGIONAL OFFICE, OVER BRIDGE JUNCTION, THIRUVANANTHAPURAM. 2. THE BRANCH MANAGER, THE KERALA STATE CO-OPERATIVE BANK LIMITED, WATER AUTHORITY BUILDING, ANANDAVELLESWARAM, KOLLAM. BY ADV.SRI.NAGARAJ NARAYANAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.29046 OF 2008 ------------------------------------------- Dated this the 13th day of October, 2008 JUDGMENT The petitioner availed a mortgaged loan for the purpose of housing and defaulted in repayment, which, she attributes, to the unfortunate fall out of an accident suffered by her husband and securitisation proceedings has been initiated. While there is no jurisdictional error or legal infirmity in those proceedings, the respondents have fairly stated that if the entire outstandings - defaulted EMIs with accrued penalties and expenditure thereon as incurred by the respondents - is wiped off, the petitioner could be permitted to sustain the transaction on terms already agreed. Recording this submission, it is directed that if the petitioner pays the entire outstanding amounts within three weeks from now, the respondents will do the needful following what is stated above. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.