IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 26779 of 2008(K) -------------------------- PETITIONER(S): --------------- GOPALAKRISHNAN NAIR.K.V, KOCHUKALAYIKAL POWATHIL HOUSE, MANNATHOTTUVAZHI PADINJATTUMURI, NIRANAM.P.O. BY ADV. SRI.P.HARIDAS RESPONDENT(S): --------------- 1. CENTRAL BANK OF INDIA REPRESENTED BY ITS AUTHORIZED OFFICER ASSISTANT GENERAL MANAGER, REGIONAL OFFICE, THIRUVANANTHAPURAM. 2. THE MANAGER, CENTRAL BANK OF INDIA, THIRUVALLA BRANCH. ADV.DEVAN RAMACHANDRAN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 26779/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE NOTICE DTD.21.7.07. P2. COPY OF THE ADVETISEMENT IN MALAYALA MANORAMA DTD.23.3.08. P3. COPY OF THE POSSESSION NOTICE DTD.18.8.08. P4. COPY OF THE REPRESENTATION DTD.28.8.08. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.26779 of 2008 ================== Dated this the 23rd day of July, 2009 J U D G M E N T The petitioner challenges proceedings under Section 13(4) of the Securitization & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. But the petitioner does not dispute the liability or the quantum. He only wants to regularise the loan account by paying the defaulted amounts and to continue to pay the instalment amounts as per the loan agreement. The learned counsel for the bank submits that if this Court so directs, the petitioner may be permitted to pay the defaulted amounts within two months and continue to pay the instalments as per the loan agreement without fail. Accordingly, this writ petition is disposed of with the following directions: The petitioner shall regularise the loan account by paying the entire defaulted instalments with interest within two months from today. He shall continue to pay the instalments as per the loan agreement on the due dates without fail. If the petitioner fails to regularise the loan account within two months or fails to pay any of the future instalments on the due dates, the respondents would be free to proceed further in accordance with law. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2