IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 WP(C).No. 32787 of 2011(W) --------------------------------------- PETITIONER(S): ---------------------- NIZARUDEEN KASSIM SAHIB, S/O KASSIM SAHIB, NUSAIFA MANZIL, NEAR TRIKKOVIVATTOM, PUDUSSERIMUKKU, KALLAMBALAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): -------------------------- 1. STATE BANK OF TRAVANCORE, REPRESENTED BY ITS CHIEF GENERAL MANAGER, HEAD OFFICE, THIRUVANANTHAPURAM- 695 001. 2. AUTHORISED OFFICER (CHIEF MANAGER), KALLAMBALAM BRANCH, STATE BANK OF TRAVANCORE, THIRUVANANTHAPURAM-PIN-695 605. BY ADV. SRI.R.S.KALKURA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.32787/2011 APPENDIX PETITIONER(S) EXHIBITS P1:- COPY OF THE NOICE DTD. 02.04.2011 ISSUED BY 2ND RESPONDENT TO THE PETITIONER. P2:- COPY OF THE ORDER IN M.C.NO.529/2011 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM, DTD. 25.08.2011 . RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 32787 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th day of December, 2011. J U D G M E N T The petitioner is challenging proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 initiated by the respondents for recovery of defaulted loan amounts. The petitioner does not dispute the liability or quantum. The petitioner only seeks a facility to pay the amounts in instalments. This is opposed by the counsel for the bank. However, taking a lenient view, I dispose of this writ petition with the following directions: The petitioner shall pay the amounts demanded in ten equal monthly instalments starting from 2.1.2012. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the amounts on the due dates without default, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in complying with the above directions or in paying any one instalment, 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. S. Siri Jagan, Judge. Tds/