IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 36423 of 2008(J) -------------------------------------- PETITIONER: ------------------- RAMANATHAN C.C. S/O.CHATHUNNY, CHENATH HOUSE, CHERUVAL, PALAZHY P.O., PUDUKKAD, THRISSUR. BY ADV. MR.V.BINOY RAM. RESPONDENTS: ------------------------ 1. FEDERAL BANK LTD, REP. BY THE CHIEF MANAGER, (AUTHORISED OFFICER) REGIONAL OFFICE, MISSION QUARTERS ,THRISSUR-1 2. THE SENIOR MANAGER, FEDERAL BANK LTD, THRISSUR EAST FORT BRANCH, DOOR NO.8/107/6 GROUND FLOOR, CITY CASTLE, EAST FORT, THRISSUR-5. *ADDL.R3. SAJAILA, W/O. RAMANATHAN.C., CHENATH HOUSE, CHERUVAL, PALAZHY.P.O., PUDUKKAD, THRISSUR. *IS IMPLEADED AS PER ORDER DTD. 19/12/2008 IN I.A. NO. 16049/08. R1 & R2 BY ADV. MR.GEORGE VARGHESE (MANACHIRACKEL). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.36423 of 2008-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of March, 2009. JUDGMENT When this matter is taken up today, the learned counsel for the petitioner states that his client may be given sufficient time to pay off the remaining outstandings due under a housing loan which would be overdue only by 31.1.2022. The fact of the matter appears that the petitioner did not make repayment and the transaction became sticky and he did not even construct the house. But the petitioner tries to demonstrate in his writ petition that there were calamities at home leading to the delay in repayment. Taking into consideration the fact that the petitioner has remitted an amount of Rs.3 lakhs following the interim order dated 19-12-2008, though he ought to have remitted Rs.3,35,000/- in terms of that order and taking the submissions on both sides WP(C)36423/2008 -: 2 :- into consideration, this writ petition is ordered directing that if an amount of Rs.3 lakhs is deposited on or before 28-3-2009, the petitioner will be granted time till 31.7.2009 to pay off the remaining outstandings in four equal monthly instalments payable on or before the last working day of every month commencing from April, 2009. If there is default in depositing any of the instalments as aforesaid, the benefits of this judgment will stand recalled automatically and the writ petition will stand dismissed enabling the bank to forthwith proceed with further distress action without fresh notice to the petitioner. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/160309