IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 W.P(C).No. 8026 of 2008(E) --------------------------------- PETITIONER: --------------- P.BALAGOPALAN, S/O. BHASKARA MENON, 'PRANAVAM', PATHIRIYAL P.O., KARUVAMBRAM, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.C.S.MANILAL SRI.KISHOR B. SRI.K.VIDYASAGAR RESPONDENTS: ------------------ 1. THE BRANCH MANAGER, STATE BANK OF INDIA, MANJERI-676 121. 2. THE CHIEF MANAGER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, PUSHPA JUNCTION, FRANCIS ROAD, CALICUT-673 002. BY ADV. SRI.K.K. CHANDRAN PILLAI, SC FOR BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 8026 OF 2008 E = = = = = = = = = = = = = = = = Dated this the 13th March, 2008 J U D G M E N T The petitioner against whom proceedings have been initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is seeking an order reviving the loan of agreement with the bank. 2. It would appear that the petitioner had made Exts. P7 and P8 requests and that was considered by the bank and Ext. P9 reply was given wherein the bank required the petitioner to remit an amount of Rs.5 lakhs before 28.2.2008. It was unsatisfied with this, this writ petition is filed. In this Court also petitioner reiterates his plea for an instalment facility. However, having regard to the fact that after availing of the loan in June, 2005, the only payment made by the petitioner was of Rs.13,000/-, I feel that it is for the petitioner to prove his bonafides first and then only the bank can be called upon to consider the request that was made. W.P.(C) No. 8026 OF 2008 -2- 3. Having regard to the above facts, I dispose of this writ petition directing that the petitioner shall remit Rs.5 lakhs with the respondent bank before 31.3.2008. If payment is made as above, the bank shall consider the instalment facility as sought for by the petitioner and which the bank has also agreed to consider in Ext. P9. It is also directed that subject to payment as above, further proceedings pursuant to Ext. P6 will stand deferred and in case default is committed in paying the amount as ordered above, the bank will be free to continue the action that it has already taken. ANTONY DOMINIC JUDGE jan/-