IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 8243 of 2009(A) -------------------------------------------- PETITIONER(S): --------------------- VIMALAKUMARI, W/O.APPUKUTTAN PILLAI, OZHUKUPARA VEEDU, PERUMKOOR, KONCHIRA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): -------------------------- STATE BANK OF TRAVANCORE REPRSESENTED BY ITS AUTHORISED OFFICER/ CHIEF MANAGER (ADVANCES) REGION-II, ZONAL OFFICE, SANTHINGAR, THIRUVANANTHAPURAM. BY ADV. SHRI K.S. KALKURA, SC, SBT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 8243 OF 2009 A -------------------------------------- Dated this the 16th March, 2009 JUDGMENT Petitioner's husband availed a home loan. It is stated that due to the illness of his grandson and mother, he had to spend huge amounts and some instalments are due. The respondent Bank initiated proceedings under the SARFAESI Act. On Ext.P2, the Chief Judicial Magistrate has ordered dispossession. 2. I heard the learned counsel for the petitioner and the respondent Bank. Learned counsel for the petitioner submits that the petitioner will clear the defaulted instalments with interest within a period of one month and if that is done, the Loan Account may be directed to be regularised. Petitioner has produced Ext.P1 which would appear to show that there is some substance in the petitioner's grievance. In such circumstances, I feel that the request of the petitioner can be considered. Accordingly, the Writ Petition is disposed of directing that if the petitioner clears the defaulted instalments with interest within WPC.8243/09 A 2 one month from today, the respondent Bank will consider the question of regularisation of the Loan Account. The proceedings pursuant to Ext.P2 will be kept in abeyance for a period of six weeks from today, in order that the matter may be considered. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge