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. 7351 of 2009(L) ------------------------- PETITIONER(S): --------------- 1. INDUMOL K.S., MANGATTUKUNNEL, MELAMPARA P.O., KOTTAYAM. 2. DILEEP KUMAR S., MANGATTUKUNNEL, MELAMPARA P.O., KOTTAYAM. BY ADV. SRI.K.S.ARUN KUMAR SRI.E.C.BINEESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE AUTHORISED OFFICER, HDFC, HDFC HOUSE, POST BAG NO.1667, RAVIPURAM JUNCTION, M.G.ROAD, KOCHI-682015, UCO BANK, KOLLAM BRANCH. BY GP SRI K C SANTHOSH KUMAR 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 ........................................... WP(C).NO. 7351 OF 2009 ............................................ DATED THIS THE 6TH DAY OF MARCH, 2009 JUDGMENT Notice to second respondent dispensed with, preserving their right to move for review of this judgment, if they are aggrieved by the directions contained herein. 2. The petitioners, a couple, availed a housing loan. The stage of proceedings under the SARFAESI Act relatable to that transaction is only that the creditor, second respondent has issued a notice under Section 13(2). In terms of the decision of Apex Court in Mardia Chemicals V. Union of India(2004(4) SCC 311), the petitioner cannot seek any remedy from the Debt Recovery Tribunal as of now. Having regard to the age of the petitioners and the fact that first petitioner is seriously ill and is obtaining medical attention, the second respondent ought to consider any request of the petitioners to regularise the transaction. Hence it is ordered that if the petitioners remit an amount of Rs.35,000/- on or before 28.3.2009, the second respondent will consider regularising the transaction before WP(C) 7351/2009 2 further proceeding to take action, even if called for. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/7/3