IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WA.No. 621 of 2009 -------------------- AGAINST THE JUDGEMENT IN WPC.4715/2009 Dated 25/02/2009 .................... APPELLANT/PETITIONER: --------------------------- ABDUL RAHIM , AGED 42, S/O.ALIYARUKUNJU RESIDING AT VILAYIL PUTHEN VEEDU, PUTHENCHANTHA PO, CHAVARA,KOLLAM. BY ADV. SRI.V.JAYAPRADEEP RESPONDENT/RESPONDENT: ------------------------------- THE STATE BANK OF TRAVANCORE REGION II, ZONAL OFFICE, THIRUVANANTHAPURAM REPRESENTED BY ITS AUTHORISED OFFICER THE CHIEF MANAGER (ADVANCES) BY ADV.SRI.K.S. DILIP, SC, SBT THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 621 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 23rd day of March, 2009 JUDGMENT Kurian Joseph, J. Appellant is the petitioner in the writ petition. The writ petition was filed when recovery steps were initiated as per Ext.P3. Learned counsel for the Bank submits that despite the indulgence shown to the petitioner, no genuine steps were taken to close the account by paying off the dues. It is the contention of the petitioner that he is entitled for a consideration of his representation, Ext.P4, before precipitating any action. It is submitted that there may be direction to the bank in terms of prayer (ii) in the writ petition, which reads as follows: “ii. Issue a writ of mandamus directing the respondent to regularise the CC facility of the WA No.621/09 -:2:- petitioner by repaying the dues in 24 monthly instalments commencing from 1.4.09.” 2. The learned Single Judge dismissed the writ petition holding that the petitioner has remedy under Section 17(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. When the writ appeal came before us, we enquired as to whether the Bank has taken any action on Ext.P4. Learned counsel for the Bank submits that the petitioner had already been intimated that the loan is overdue as early as in February 2009. However, counsel for the appellant submits that no intimation whatsoever on Ext.P4 has been obtained. It is further submitted that in the peculiar and penurious condition of the appellant, in case some indulgence is shown by the Bank, the appellant would be in a position to pay off the entire dues in instalments. We do not think that this Court should go into all those questions since it is ultimately for the Bank to consider the matter. WA No.621/09 -:3:- Therefore, we set aside the judgment under appeal and dispose of the writ appeal with a direction to the respondent Bank to consider and dispose of Ext.P4 in accordance with law. In case the petitioner wants to have a hearing in the matter and make further submissions, he may present himself before the respondent/authorised officer on 28.03.09 at 11 a.m. Until the representation is disposed of as above and order communicated to the petitioner/appellant, there shall be no further recovery. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb WA No.621/09 -:4:-