IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 8707 of 2009(G) ------------------------- PETITIONER(S): --------------- SANTHOSH KRISHNA K., S/O.P.KRISHNAN KUTTY, KOTTAKUNNIL, T.C.7/1295(2). PADMAM, ARCHANS NAGAR, TRIVANDRUM. BY ADV. SRI.ZAKEER HUSAIN M.K. SRI.THIRUMALA P.K.MANI RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE, REPRESENTED BY ITS MANAGER, SME BRANCH, KOTTAYAM, SASTHRI ROAD, KOTTAYAM. 2. CHIEF MANAGER, (AUTHORISED OFFICER), SBT SME BRANCH, KOTTAYAM. BY ADV.SRI.K.K.CHANDRAN PILLAI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.8707 OF 2009 ------------------------------------------- Dated this the 25th day of March, 2009 JUDGMENT The petitioner obtained a commercial loan for making a House Boat to be utilised in the Tourism Industry. He defaulted in repayment of the outstandings. This had led to the impugned SARFAESI Act proceedings. I do not find any jurisdictional error or legal infirmity in the impugned proceedings. The bank submits that if an amount of Rs.3,62,000/- is remitted, the transaction could be regularised. The petitioner, however, states that he may be permitted to pay event that amount in instalments. That is not a matter on which this Court could issue any direction to the bank. It is for the petitioner to move either the first respondent or the second respondent and obtain appropriate orders. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.25/3.