High Court Kerala High Court

C.A.Nassar vs The State Bank Of Travancore on 12 February, 2009

Kerala High Court
C.A.Nassar vs The State Bank Of Travancore on 12 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3741 of 2009(U)


1. C.A.NASSAR, AGED 42 YEARS,
                      ...  Petitioner

                        Vs



1. THE STATE BANK OF TRAVANCORE,
                       ...       Respondent

2. THE CHIEF MANAGER (ADVANCES),

                For Petitioner  :SRI.S.SHANAVAS KHAN

                For Respondent  :SRI.K.S.DILIP

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :12/02/2009

 O R D E R
                THOTTATHIL B RADHAKRISHNAN, J
                      ...........................................
                    WP(C).NO. 3741                  OF 2009
                      ............................................
      DATED THIS THE            12 TH DAY OF FEBRUARY, 2009

                                  JUDGMENT

The petitioner availed a housing loan. On default in repayment,

SARFAESI Act proceedings were initiated. Going by the term of the

loan and its purpose, the loan could be considered for regularisation,

provided the outstanding defaulted EMIs and accruals thereon and

add ons in the nature of securitization charges etc, are paid off to the

satisfaction of the bank.

2. Learned counsel for the bank states that as if now the

remaining outstandings, after giving credit to all remittances

including the payment on the basis of interim order, would be around

Rs.2,46,000/-. Now it is for the petitioner to appear before the first

respondent and make payments of such amount as may be decided

upon by the first respondent, so that the account could be regularised

in the current financial year itself, if the petitioner desires to enjoy the

facility. The impugned distress action will stand suspended for a

period of two weeks to enable the petitioner to discuss with the first

respondent and fix the amounts payable and thereafter the distress

action will stand deferred to facilitate payment of the remaining

amounts within the time frame as may be fixed by first respondent.

WP(C) 3741/2009 2

Petitioner will appear before the first respondent on 25th February,

2009.

THOTTATHIL B RADHAKRISHNAN,
JUDGE

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