IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 5912 of 2009(H) ------------------------------------ PETITIONER(S): ---------------------- 1. K.A. DAVID, S/O.ANTONY, RESIDING AT KAITHAVALAPPIL, AROOR MURI OF AROOR VILLAGE. 2. GRACY K.J., W/O. DAVID, RESIDING AT DO...DO... BY ADV. MR.T.JAYAKRISHNAN RESPONDENT(S): ------------------------ 1. THE FEDERAL BANK LTD. REGISTERED OFFICE, ALUVA, REPRESENTED BY ITS BRANCH MANAGER, AROOR. 2. AUTHORISED OFFICER, THE FEDERAL BANK LTD. BRANCH OFFICE, AROOR. R1 & R2 BY ADV. MR.MOHAN JACOB GEORGE, SMT.P.V.PARVATHI , SMT.REENA THOMAS, MR.L.RAM MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 5912/2009-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT FILED BY THE 1ST RESPONDENT BEFORE THE SUB COURT, CHERTHALA AS O.S. NO.77/2006 DATED 23/09/2006. EXT.P2: COPY OF THE NOTICE DATED 06/11/2008 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 20/01/2009. EXT.P4: COPY OF THE REPORT ISSUED FROM EARLY CANCER DETECTION CENTER, KALOOR DATED 22/01/2009. EXT.P5: COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE 1ST PETITIONER DATED 16/01/2007. EXT.P6: COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE 1ST PETITIONER DATED 16/07/2007. EXT.P7: COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE 1ST PETITIONER DATED 16/01/2008. EXT.P8: COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE 1ST PETITIONER DATED 16/07/2008. EXT.P9: COPY OF THE MEDICAL CERTIFICAT ISSUED TO THE 1ST PETITIONER DATED 16/01/2009. EXT.P10: COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE 1ST PETITIONER DATED 05/03/2009. EXT.P11: COPY OF THE DUTY PASS OF THE PETITIONER WHICH IS VALID TILL 31/12/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.5912 of 2009-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of March, 2009. JUDGMENT The first petitioner, a driver in KSRTC availed a housing loan from the first respondent. With the passage of time, he committed default in repayment and is facing recovery. A suit is pending before a civil court. The bank has also taken action under the SARFAESI Act. From the angle of jurisdictional issues and legal infirmities, there are not much for the petitioners to argue. But the fact of the matter remains that the daughter of the petitioners, going by Ext.P4, is aged 20 years and has the unfortunate status of being diagnosed with Bilateral Juvenile Fibroadenoma and Lumpectomy was advised on 22.1.2009. The petitioners have also placed on record materials which disclose that the first petitioner had been suffering from WP(C)5312/09 -: 2 :- Lumbar Disc Prolapse and has recovered from that status and is capable of rejoining duty with KSRTC. The emotional strain for the petitioners on account of the health status of their daughter coupled with the fact that the first petitioner had been sick for a quite long time should necessarily generate some aid to ensure that the petitioners and their children are not thrown out from their shelter. Therefore, I deem that this is a fit case where the bank should consider regularizing the housing loan that was availed in 2004 by giving an opportunity to the petitioners to pay off the accrued defaulted instalments and accruals thereon in a few instalments and also to continue to enjoy the loan by paying the monthly instalments as may be fixed by the bank. The first petitioner is, therefore, directed to appear before the first respondent or the second respondent, as the case may be and the said respondent will do the needful in terms of what is stated above. For the petitioners to enjoy the benefits of this judgment, it is ordered that WP(C)5312/09 -: 3 :- SARFAESI Act proceedings and enforcement of any decree that may be passed in the civil suit would stand deferred by a period of two months from now and the dropping of those proceedings would depend upon the manner in which the petitioners would honour the terms of this judgment. Obviously, the petitioners will execute necessary documents for the bank to extend the benefits as stated above. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/270309