IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 28282 of 2008(P) ----------------------------------------- PETITIONER: --------------------- HARIDAS, AGED 46 YEARS, S/O.ACHUTA VARIER, M/S.KARTHIKA HERBALS, 32/1207 SANTHINIKETHAN BUILDING, PALARIVATTOM, COCHIN - 682 025. BY ADV. SRI.N.K.MOHANLAL RESPONDENTS: ------------------------- 1. BRANCH MANAGER, UNION BANK OF INDIA, RETAIL MART, M.G.ROAD, ERNAKULAM. 2. CHIEF MANAGER AND AUTHORISED OFFICER, UNION BANK OF INDIA, UNION BANK BHAVAN, P.B. 3667/CC 38/542/M.G.ROAD, ERNAKULAM, KOCHI – 35. BY ADV. SRI. A.S.P.KURUP, SC, UBI – R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.28282 of 2008 ================================== Dated this the 23rd day of September, 2008. JUDGMENT Petitioner availed a loan for business purpose and defaulted in repayment. Respondents initiated action under the SARFAESI Act. Petitioner filed a reply. No further action has been taken. Petitioner's request to the bank is for a facility to pay off the amount in instalments. He further filed a suit challenging the proceedings. The civil court rejected the plaint on a ground referable to Section 34 of the SARFAESI Act. Learned counsel for the petitioner confines his submission that the bank may be directed to consider Ext.P2. Under such circumstances, this writ petition is ordered directing that if the petitioner remits an amount of WPC28282/08 -:2:- Rs.2,00,000/- within a period of one month, the bank will consider the request in Ext.P2 sympathetically and in accordance with law. Thottathil B.Radhakrishnan, Judge. sl.