IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 4419 of 2009(A) ------------------------- PETITIONER(S): --------------- P.BALAGOPALAN, S/O.BHASKARA MENON, 'PRANAVAM', PATHIRIYAL P.O., KARUVAMBRAM, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.K.VIDYASAGAR RESPONDENT(S): --------------- 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.N.RAJAGOPALAN NAIR, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.4419 OF 2009 ------------------------------------------- Dated this the 10th day of February, 2009 JUDGMENT Petitioner availed a housing loan on 29.6.2005. He paid only one instalment among the EMIs. In July, 2007, the petitioner's mother became seriously ill. But the fact remains that even before that, the petitioner had not made any remittance. Yet, this Court granted a facility while issuing Ext.P8 judgment on 13.3.2008, that the bank will consider instalment facility if an amount of Rs.5,00,000/- is paid on or before 31.3.2008. Nearly one year has gone through. Nothing has been paid. There is no ground to further withhold the distress action under the SARFAESI Act. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.12/2.