IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WA.No. 2110 of 2009(M) ------------------------------------- AGAINST JUDGMENT IN WP(C) NO.1590/2009 DATED 13.8.2009 APPELLANT/PETITIONER ------------------------------------ M.A.KAREEM, S/O.MOHAMMED, FLAT NO.C-1, HIGH FIELD APARTMENTS, MANGATTUVAYAL, ARAYADATHUPALAM ROAD, KOTTULY, CALICUT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENTS/RESPONDENTS -------------------------------------------- 1. INDIAN OVERSEAS BANK, WEST HILL BRANCH, KOZHIKODE. 2. THE AUTHORISED OFFICER, INDIAN OVERSEAS BANK, REGIONAL OFFICE, CHERUTTY ROAD, KOZHIKODE. BY STANDING COUNSEL SRI.P.B.SURESH KUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A.No.2110 of 2009 ------------------------------------------ Dated this the 24th day of September, 2009 JUDGMENT A.K.Basheer, J. Having heard learned counsel for the appellant and learned Standing Counsel for the respondents, we do not deem it necessary to deal with the various contentions raised in the memorandum of appeal, especially since the learned counsel for the appellant submits that he is confining his submission only to a plea for enlargement of time for payment and also for increasing the number of instalments to pay off the balance. 2. It is the admitted position that the appellant has remitted a sum of Rs.10,00,000/- as directed by the learned Single Judge in the impugned judgment. The limited prayer is to increase the number of instalments and also to enlarge the time for remitting the first instalment. In the peculiar facts and circumstances of this case, we are satisfied that the above prayer can be granted. W.A.No.2110 of 2009 2 Therefore, the writ appeal is disposed of in the following terms: a) The appellant shall pay the balance amount due from him in four equal monthly instalments, first of which shall be remitted on or before October 15, 2009 and the remaining three instalments shall be paid by the appellant on or before 15th of every succeeding month. b) If default is committed in remittance of any of the above instalments, it will be open to the respondents to realise the entire sum in lump by taking recourse to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns