IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 28627 of 2008(G) -------------------------- CMP.3988/2008 of C.J.M., ALAPPUZHA .................... PETITIONER: -------------------- SIMI MANMADHAN, AGED 40 YEARS, W/O LATE P.V. MANMADHAN, PARUTHUMPALLIL HOUSE, CMC 2/V-410,NEAR POLICE STATION & MADHURAVELI PHARMACY, DEEPIKA JUNCTION, CHERTHALA. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR SMT.SMITHA DIVAKARAN SRI.SREEVALSAN.V RESPONDENTS: ------------------------- 1. VIJAYA BANK REP. BY ITS MANAGING DIRECTOR, HEAD OFFICE, BANGALOOR. 2. VIJAYA BANK CHERTHALA BRANCH, REP. BY ITS BRANCH MANAGER, CHERTHALA, ALAPPUZHA DIST. BY ADV. SRI. K.ANAD, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.28627 of 2008-G = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of September, 2008. JUDGMENT The petitioner pleading that she lost her husband on 29-8-2007 and has two children aged 17 and 15, has filed this writ petition to avert distress action under the SARFAESI Act on account of non- payment of loan availed. At the stage of admission, it was thought proper for the bank to consider the petitioner's case for regularizing the loan. Accordingly, the petitioner was directed to appear before the authorities of the bank. She appeared and the bank has agreed to regularize the transaction. However, the petitioner states that the entire loan be re- scheduled by treating it as a fresh loan. It is beyond the powers of this Court to issue any such direction and when the bank submits through its learned counsel that the request of the WP(C)28627/08 -: 2 :- petitioner as now projected cannot be granted, this writ petition is closed ordering that if the petitioner desires to have the loan regularized, she may make a request in writing in that regard before the competent among the respondents within two weeks and if such request is not made, the respondents will be at liberty to further proceed with the impugned action. If she makes a request as aforesaid, the bank will extend to her such benefit in accordance with law. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/300908