IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WA.No. 282 of 2009 --------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.32687/2007 DATED 18/06/2008 .................... APPELLANT/ PETITIONER: -------------------------------------- HENA.C.BABU, VENATTUCHIRAYIL, CHIRAKKADAVOM, KAYAMKULAM. BY ADV. MR.C.RAJENDRAN. RESPONDENT/ RESPONDENT: -------------------------------------------- THE AREA MANAGER, L.I.C.HOUSING FINANCE LTD., LEELA TOWERS, KESAVADASAPURAM, THIRUVANANTHAPURAM. BY ADV. MR. R.S. KALKURA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy,Ag.C.J. & P.Bhavadasan, J. ---------------------------------------- W.A. No. 282 of 2009 ---------------------------------------- Dated this the 12th day of February, 2009 Judgment Koshy, Ag.C.J. Appellant/Petitioner was a defaulter in re-payment of loan amount taken from the respondent financing company. Respondent has taken proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interewt Act (SARFAESI) Act for coercive recovery. It is the case of the petitioner that time for repayment of the loan was spread over in 15 years, but, recovery proceedings were taken for default of certain instalments. The learned Judge has taken a lenient view and directed that if petitioner pays defaulted instalments with interest, the loan account should be regularised and if that be so, coercive recovery should not be taken. Even though petitioner was anxious to pay the amount, he failed to pay the instalments in time and when action was taken this writ appeal was filed. In the circumstances of the case, we dispose of this appeal directing the appellant to approach the Debt Recovery Tribunal for getting appropriate relief. The writ appeal is disposed of without going into W.A. No.282/2009 2 the merits of the matter as it is for the Debt Recovery Tribunal to consider the matter. J.B.Koshy Acting Chief Justice P. Bhavadasan Judge vaa