IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 10749 of 2009(K) -------------------------- PETITIONER(S): --------------- SHAJAHAN S/O. A.S.KHAN, VADAKKENALUTHUNDATHIL HOUSE, THONNALOOR, PANDALAM, PATHANAMTHITTA. BY ADV. SRI.S.SANAL KUMAR RESPONDENT(S): --------------- SOUTH MALABAR GRAMIN BANK, PANDALAM BRANCH, REPRESENTED BY ITS GENERAL MANAGER, PANDALAM. BY ADV.SRI.T.R.RAVI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.10749 OF 2009 ------------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT Heard. The petitioner availed a loan from the respondent. On default in repayment, proceedings have been initiated under the SARFAESI Act. The transaction is a commercial one. Learned counsel for the petitioner states that on an earlier occasion, the petitioner had moved this Court on account of a housing loan. The petitioner attributes the delay in repayment to the unfortunate situation of his wife becoming sick, requiring surgery in the C.M.C. Hospital, Velloor. The transaction is not disputed. Outstandings have accrued. Obviously therefore, there is no jurisdictional error or legal infirmity in the impugned proceedings. Under such circumstances, if the petitioner remits an amount of Rupees Two Lakhs on or before 30.4.2009, the respondent bank will consider any request of the petitioner for regularisation of the transaction or for instalment facility to WPC.10749/09 Page numbers enable him to pay off the total outstandings. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.4/4.