IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WA.No. 790 of 2009 ----------- -------------------- AGAINST THE JUDGEMENT IN WPC.6027/2009 Dated 26/02/2009 .................... APPELLANT/PETITIONER ------------------------------------ MEENAKSHI AMMA, AGED 68 YEARS, W/O. BALAN NAIR @ NARAYANAN NAIR, KUTHUPARAKKAL HOUSE, POST KINALOOR, KOZHIKODE DISTRICT. BY ADV. SRI.M.G.ASHOKAN RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. THE AUTHORISED OFFICER, STATE BANK OF TRAVANCORE, BALUSSERI AD BRANCH, POST BALUSSERI, KOZHIKODE DISTRICT. 2. MANAGER, STATE BANK OF TRAVANCORE, POST BALUSSERI, KOZHIKODE DISTRICT. BY STANDING COUNSEL SRI.K.S.DILIP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 790 of 2009 ------------------------------------------ Dated, this the 1st day of April, 2009 JUDGMENT Kurian Joseph, J. Appellant is the petitioner. She is aggrieved by the recovery steps initiated by the second respondent Bank. The learned Single Judge permitted the petitioner to remit the outstanding amount in instalments. It is the grievance of the appellant that the learned Single Judge has not adverted to her main grievance that she is entitled to continue the loan till the expiry of the original term of 15 years. It is brought to our notice that the appellant had submitted Ext.P2 representation before the Bank. 2. In the peculiar facts and circumstances of the case, we do not think that this Court should go into the merits of the contentions taken by the parties. For safeguarding the interests of both the parties, it will be sufficient if the writ petition is disposed of with a direction to the Bank to consider Ext.P2 representation or any other representation that may be filed along with a copy of this W.A. No.790 of 2009 - 2 - judgment, subject to the condition that substantial amount is paid by the writ petitioner. 3. Accordingly, we set aside the judgment of the learned Single Judge and dispose of the writ petition directing the appellant/petitioner to deposit an amount of Rs.1,50,000/- within two weeks from today. The appellant will also be present herself or through her authorized agent before the second respondent on 15.4.2009 at 11 A.M. The second respondent will consider Ext.P2 and any other representation, if any, filed or to be by the appellant, in case the appellant has already remitted the abovementioned amount of Rs.1,50,000/- on or before 15.4.2009. We make it clear that in case the amount is not deposited as directed above, it will be open to the Bank to proceed with the recovery. Writ appeal is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns