IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 3997 of 2009(A) ------------------------- PETITIONER(S): --------------- 1. VIJAYAN.S, PARAYAN VILAKATH PUTHAN VEEDU, THOOVELLOORRE KONAM KATTAKKADA, THIRUVANANTHAPURAM. 2. SMT. SHALY W/O. SRI.VIJAYAN.S, PARAYANVILAKATH PUTHAN VEEDU THOOVELLOORRE KONAM KATTAKKADA, THIRUVANANTHAPURAM . BY ADV. SRI.N.P.SETHU SRI.T.P.SAJAN RESPONDENT(S): --------------- 1. CHIEF MANAGER (ADVANCE) STATE BANK OF TRAVANCORE, REGION 11, ZONAL OFFICE THIRUVANANTHAPURAM. 2. MANAGER STATE BANK OF TRAVANCORE,KATTAKADA BRANCH KATTAKKADA, NEYYATTINKARA, THIRUVANANTHAPURAM. By standing counsel SRI SAJI VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 3997 OF 2009 ............................................ DATED THIS THE 6TH DAY OF FEBRUARY, 2009 JUDGMENT Petitioners availed a loan from the second respondent for housing purposes. The counsel for the bank states that for about more than three years, no amounts were remitted and certain amounts were paid only after action was taken under the SARFAESI Act. All that remains is the fact that the account had become sticky and total outstandings now is around Rs.2,35,000/-. It is also stated that the petitioners had not even completed the construction. Whatever that be since petitioners gives up all the contentions and also gives up their right to move the Debt Recovery Tribunal under Section 17 of the SARFAESI Act , this writ petition is ordered directing that if first petitioner appears before the second respondent and shows evidence of any payment, which according to him, is not given due credit, that will be looked into by the bank and after giving due credit, petitioners will be permitted to pay off the entire outstandings in five equal monthly instalments, payable on or before the last working day of every month, commencing from February 2009. For this purpose, first petitioner is directed to appear before the second respondent on 16th February 2009. If there is default in remitting any of the instalments as aforesaid, the benefit of this WP(C)3997 OF 2009 2 judgment will stand recalled automatically and respondents will be at liberty to proceed with further action. Issue copy at the earliest. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk