IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 34117 of 2008(J) ------------------------------------- PETITIONER: ------------------- JASMINE MAJEED, AGED 42 YEARS W/O. ADV.K.M.MAJEED, RESIDING AT FAYSUA VETTUVENI, HARIPAD P.O., ALAPPUZHA DISTRICT PIN 690 514. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): ------------------------- 1. MANAGING DIRECTOR, THE KERALA STATE CO-OPERATIVE BANK LTD THIRUVANANTHAPURAM, REGIONAL OFFICE OVER BRIDGE JUNCTION, THIRUVANANTHAPURAM 695 001. 2. SENIOR MANAGER THE KERALA STATE CO-OPERATIVE BANK LTD ALAPPUZHA BRANCH,MEDICAL COLLEGE JUNCTION M.O.WARD, ALAPPUZHA 688 005. 3. AUTHORISED OFFICER THE KERALA STATE CO-OPERATIVE BANK LTD THIRUVANANTHAPURAM ,REGIONAL OFFICE THIRUVANANTHAPURAM 695 001. BY STANDING COUNSEL ADV.SRI.NAGARAJ NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.34117 OF 2008 (J) ------------------------------------------------------ Dated this the 21st day of November, 2008 J U D G M E N T Petitioner availed a housing loan. While enjoying that loan facility, her husband met with a motor accident resulting in head injury as also injuries to his face. He was hospitalized for a quite long time. The petitioner has two daughters. Though proceedings under Section 13(4) of the SARFAESI Act has been initiated, the respondents have fairly stated that they would consider the case of the petitioner for regularising the transaction or rescheduling, if an amount of Rs.2,48,000/- is deposited. This is recorded and it is ordered that if the petitioner deposits an amount of Rs.1,00,000/- within a period of 45 days and remaining Rs.1,48,000/- within a further period of 45 days, the bank will regularise or reschedule the transaction. All other issues are left open. It is also clarified that the impugned distress action will stand suspended and be ultimately withdrawn, if the petitioner avails the benefit of what is stated above. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/22/11