IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 3994 of 2009(A) ------------------------- PETITIONER(S): --------------- DR.BABY BUSHER W/O. V.BUSHER, PALATHARAMEL HOUSE, THEKKUMMURI, EAST KALLADA, KOLLAM. BY ADV. SRI.V.ANIL (K/1480/98) RESPONDENT(S): --------------- 1. THE BRANCH MANAGER, UNION BANK OF INDIA, KOLLAM BRANCH. ADDL.2. THE AUTHORIZING OFFICER, REGIONAL OFFICE, UNION BANK BHAVAN, M.G.ROAD STATUTE, THIRUVANANTHAPURAM. 3. BUSHER M.H., PALATHARAMMEL HOUSE, THEKKUMMURI, EAST KALLADA, KOLLAM. (ADDL.R3 AND R4 IMPLEADED VIDE ORDER DATED 13.2.2009 ON I.A.NO.2147/09) R1, R2 BY ADV.SRI.A.S.P.KURUP, S.C. R3 BY ADV. SRI.V.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.3994/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE PHOTOCOPY OF THE NOTICE DATED 13.1.2009. EXT.P2: THE TRUE COPY OF THE STATEMENT OF ACCOUNTS FOR THE PERIOD FROM 17.8.04 TO 15.11.08. EXT.P3: THE TRUE COPY OF THE DISCHARGE CARD. EXT.P4: THE TRUE COPY OF THE C.T.SCAN REPORT. EXT.P5: A TRUE COPY OF THE DISCHARGE CARD FROM THE GOVT. AYURVEDIC COLLEGE HOSPITAL, THIRUVANANTHAPURAM. EXT.P6: A TRUE COPY OF THE NOTICE DATED 15.10.08. EXT.P7: A TRUE COPY OF THE REPLY NOTICE DATED 29.11.08. EXT.P8: A TRUE PHOTOCOPY OF THE LAND TAX RECEIPT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.3994 OF 2009 ------------------------------------------- Dated this the 19th day of March, 2009 JUDGMENT Heard. The petitioner seeks regularisation of a housing loan. He offers to pay an amount of Rupees Three Lakhs during the current financial year. The total outstandings required to be paid for the purpose of regularisation is around Rs.3,35,000/-. Taking the submission of the petitioner also into consideration, this writ petition is ordered directing that if the petitioner pays an amount of Rupees Three lakhs on or before 28.3.2009 and the remaining amount of Rs.35,000/- on or before 21.4.2009 and continues to remit the due instalments, the transaction would be regularised. If the petitioner does not satisfy any of the conditions as aforesaid, the bank will be entitled to continue with the SARFAESI Act proceedings. If there is any additional security held back, which is not required for the purpose of the transaction, the bank will consider releasing that document. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.19/3.