IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 4201 of 2009(A) ------------------------- PETITIONER(S): --------------- ANNAMMA VARGHESE W/O.GEORGE VARGHESE ANGADICAL NORTH PO., KODUMON , PATHANAMTHITTA BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE KODUMON BRANCH, KANDANALLOOR BUILDINGS, PATHANAMTHITTA, REP. BY ITS MANAGER. 2. AUTHORISED OFFICER, STATE BANK OF TRAVANCORE, REGION IV , ZONAL OFFICE, KOTTAYAM. BY ADV.SRI.SAJI VARGHESE, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.4201 OF 2009 ------------------------------------------- Dated this the 10th day of February, 2009 JUDGMENT 1. Petitioner's husband availed a housing loan and an Over Draft facility. Both transactions became sticky and consolidated proceedings under the SARFAESI Act has been taken. The petitioner, through counsel, on query by this Court, states that she does not challenge the impugned proceedings and has instituted the writ petition on behalf of her husband also and that they do not intend to challenge the proceedings before the Debts Recovery Tribunal. This submission is recorded. 2.Learned counsel for the bank states that taking into consideration the amounts remitted after Section 13(2) notice, the housing loan could be regularised and as far as the O.D. facility is concerned, if the petitioner remits another amount of about Rs.1,50,000/-, after giving credit to amounts already paid, the O.D. facility could also be permitted to be live WPC.4201/09 Page numbers without any distress action, provided such remittance is made within a period of one month from now. 3.Recording the above submission, this writ petition is ordered, directing the petitioner to appear before the first respondent and do the needful in terms of what is stated above, if she wish to avail the benefit of the offer now made by the bank. In case of default in payment of any future instalments, EMIs etc. the bank will be entitled to enforce distress action. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.12/2.