IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 9146 of 2011(P) -------------------------------------- PETITIONER(S): ------------------------- DEEPA T.R., W/O. SUDEESH BABU P.S., THOTTAYAPPILY HOUSE, UDYOGAMANDAL P.O., ELOOR NORTH, ELOOR VILLAGE, ALUVA TALUK, REP. BY HER POWER OF ATTORNEY HOLDER SUDEESH BABU, AGED 41, S/O. SUBRAMANYAN, THOTTAYAPPILLY HOUSE, UDYOGAMANDAL P.O., ELOOR NORTH, ELOOR VILLAGE, ALUVA TALUK. BY ADVS. SRI.JOHNSON MANAYANI, SRI.BENHUR JOSEPH MANAYANI. RESPONDENT(S): --------------------------- 1. SPECIAL TAHSILDAR (R.R.), K.S.F.E. LTD., I.S.PRESS BUILDING, BANERJI ROAD, COCHIN-18. 2. K.S.F.E. LTD., THRISSUR ROUND, THRISSUR POST, THRISSUR DISTRICT, REP. BY ITS MANAGING DIRECTOR. R2 BY ADV. SRI.NAVEEN.T, SC, KSFE LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.9146/2011 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE POWER OF ATTORNEY OF THE PETITIONER EXECUTED IN FAVOUR TO HER HUSBAND. P2: COPY OF THE AUCTION SALE NOTICE OF THE FIRST RESPONDENT WITH REGARD TO CHITTY NO.111/07-49A FOR RS.3,40,060/-. P3: COPY OF THE AUCTION SALE NOTICE OF THE FIRST RESPONDENT WITH REGARD TO CHITTY NO.41/07-47A FOR RS.3,40,120/-. P4: COPY OF AUCTION SALE NOTICE OF THE FIRST RESPONDENT WITH REGARD TO CHITTY NO.90/08 7A. P5: COPY OF THE NOTICE OF THE FIRST RESPONDENT WITH REGARD TO LOAN NO.CVL-5212 FOR RS.3,00,131/-. P6: COPY OF NOTICE OF THE FIRST RESPONDENT WITH REGARD TO CHITTY NO.11/07-48A FOR RS.3,40,000/-. P7: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 26/02/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J. ================== W.P.(C).No. 9146 of 2011 ================== Dated this the 28th day of July, 2011 J U D G M E N T The petitioner challenges proceedings initiated by the 2nd respondent through the 1st respondent for recovery of the loan amounts defaulted by the petitioner. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the amounts due in instalments. 2. This is opposed by the learned counsel for the 2nd respondent. 3. Having heard both sides, taking a lenient view, I dispose of this writ petition with the following directions; The petitioner shall pay an amount of ` 7 lakhs within one month. Balance amounts due shall be paid in eight equal monthly instalments starting from 1.11.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the initial amount of ` 7 lakhs and the instalments on the due dates without default, coercive proceedings for recovery of the amounts shall be kept in abeyance. However, if the petitioner commits default in payment of the initial amount of `7 lakhs or any of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge