IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 7487 of 2009(E) ------------------------- PETITIONER(S): --------------- 1. MOHAMMED KABEER S/O. ALIYAR RAWTHER, AGED 41 YEARS, PALATHANATHU HOUSE, PAMPADUM PARA VILLAGE, THANNIMMOODU KARA, UDUMPANCHOLA TALUK. 2. SMT.SAINABA BEEVI, W/O. MOHAMMED KABEER, AGED 39 YEARS, PALATHANATHU HOUSE, PAMPADUM PARA VILLAGE, THANNIMMOODU KARA, UDUMPANCHOLA TALUK. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): --------------- 1. THE MANAGER, STATE BANK OF TRAVANCORE, NEDUMKANDAM BRANCH, IDUKKI DISTRICT. 2. THE CHIEF MANAGER (ADVANCES), AUTHORISED OFFICER, STATE BANK OF TRAVANCORE, ZONAL OFFICE, REGION-V, ERNAKULAM. BY SC SRI C D DILEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 7487 OF 2009 ............................................ DATED THIS THE 18TH DAY OF MARCH, 2009 JUDGMENT Ext.P2 is a notice under Section 13(2) of SARFAESI Act issued on default in repayment of a Medium Term Housing Loan. The total outstandings demanded relate to a loan transaction which the petitioner says, was for a period till the year 2017. If the petitioner desires to regularise the transaction by paying the accrued outstandings and incidentals, it is for him to raise such request also before the securitization proceedings could be further crystalised into measures under Section 13(4) of that Act. Hence this writ petition is ordered directing that if the petitioner pays the defaulted EMIs with accruals thereon, and incidental expenses, cost, charges, etc, to the satisfaction of the bank, the enforcement of further action on the basis of Ext.P2 would be reconsidered by the bank. Petitioner is directed to appear before the first respondent on 20.3.2009 in terms of the above. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/18/3