IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 5795 of 2009(T) ------------------------- PETITIONER(S): --------------- GOPALAN, PALANTHANATHU MADAM, KIZHANADUVILE MURI, THEKKENADA, VAIKOM. BY ADV. SRI.BABU CHERUKARA RESPONDENT(S): --------------- 1. THE AUTHORISED OFFICER, THE VAIKOM URBAN CO-OPERATIVE BANK LTD.NO.1193, H.O.VAIKOM, VAIKOM P.O. 2. VAIKOM URBAN CO-OPERATIVE BANK LTD.NO.1193, VAIKOM, REPRESENTED BY ITS MANAGER. R1, R2 BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.5795 OF 2009 ------------------------------------------- Dated this the 6th day of March, 2009 JUDGMENT The petitioner is 74 years old. He availed a mortgage loan from the second respondent. That amount was used for obtaining transit for his son for employment in a gulf country. As of now, the plea is that the second respondent has initiated SARFAESI Act proceedings and that the petitioner needs more time to regularise the transaction. The writ petition contains an offer to pay off the entire accrued outstandings in 12 months and the petitioner needs also the facility to continue to enjoy the loan of Rs.5,00,000/-. The bank, on the other hand, offers that if the petitioner pays the present accrued outstanding amount of Rs.1,85,000/-, which includes the expenditure for SARFAESI Act proceedings also, on or before 20th March, 2009, the bank is prepared even to give him a fresh loan on sufficient additional security being provided. In the realm of contract, it is not appropriate for this Court to intervene and pressurise a bank even under judicial orders, particularly when the second WPC.5795/09 Page numbers respondent points out that at least two opportunities were given to the petitioner to regularise the transaction. Having regard to the aforesaid, this writ petition is ordered directing that if the petitioner apply for the benefit of the offer made by the bank, that would be honoured by the bank as stated above. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.6/3.