IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 8590 of 2009(P) ------------------------- PETITIONER(S): --------------- C.A.MUHARY, S/O. CHEENAKKAL PARAMBIL ABDUL RAHMAN, AGED 42 YEARS, CHEENAKKAL PARAMBIL HOUSE, ARIYAMPADOM, MUNDTHIKKODE, THRISSUR DT. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT(S): --------------- 1. THE KERALA STATE CO-OPERATIVE BANK LTD., REP. BY ITS AUTHORISED OFFICER, THE KERALA STATE CO-OPERATIVE BANK REGIONAL OFFICE, DURAISWAMI IYER ROAD, KOCHI. 2. THE MANAGER, KERALA STATE CO-OPERATIVE BANK, THRISSUR. ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 8590 OF 2009 ............................................ DATED THIS THE 26TH DAY OF MARCH, 2009 JUDGMENT As recorded in the order dated 17.3.2009, the petitioner has paid the outstanding arrears due to the loan account. Since it is a housing loan, the bank is prepared to regularise the transaction and permit the petitioner to enjoy that facility as prompt payment of all future instalments. Recording this submission, this writ petition is ordered directing that if the petitioner continues to pay all the equated monthly instalments, in terms of the contract with the bank, SARFAESI Act proceedings will not be enforced. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/27/3