IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 3162 of 2009(B) ------------------------- PETITIONER(S): --------------- BINU MATHEW, CHAVARPUZHAYIL NEAR ICDP CENT5RE, CHITTUR P.O., AGALI, PALAKKAD. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S): --------------- 1. THE KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE AUTHORISED OFFICER,THE KERALA STATE CO-OPERATIVE BANK LIMITED, REGIONAL OFFICE , KOCHI. 3. THE MANAGER, THE KERALA STATE CO-OPERATIVE BANK LIMITED, PALAKKAD BRANCH. BY ADV. SRI.NAGARAJ NARAYANAN,SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.3162 OF 2009 ------------------------------------------- Dated this the 3rd day of February, 2009 JUDGMENT 1. Heard learned counsel for the petitioner and learned standing counsel for the respondents. 2. The petitioner availed a housing loan in 2005. On default in repayment, steps were taken under the SARFAESI Act. As of now, the property is listed for sale on 17.2.2009. The defaulted EMIs appear to work out to be around Rs.1,20,000/-. Accordingly, it is directed that if the petitioner remits an amount of Rs.30,000/- on or before the time fixed for sale and a further amount of Rs.90,000/- on or before 30.3.2009, the bank will consider regularising the transaction and permitting the petitioner to continue to enjoy the benefit. If such remittances are not made, the benefit of this judgment will stand recalled automatically. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.