IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 32443 of 2011(E) ----------------------------------------- PETITIONER(S): -------------------------- M.P.ABDULLAKUTTY,AGED 46,S/O.AHAMED, MANIPARAMBATH HOUSE,VENNIYOOR (PO),VALAKKULAM, TIRURANGADI AMSOM,VENNIYOOR DESOM, TIRURANGADI THALUK,MALAPPURAM. BY ADVS. SRI.MANJERI S.SUNDERRAJ, SMT.K.K.PREETHA. RESPONDENT(S): ---------------------------- 1. THE KOTTAKKAL CO-OPERATIVE URBAN BANK LTD,,NO.1378, HO, KOTTAPADI, KOTTAKKAL, REPRESENTED BY M.ABDUL RAHIMAN,GENERAL MANAGER IN CHARGE/AUTHORISED OFFICER. 2. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE VILLAGE OFFICER, TIRURANGADI VILLAGE OFFICE, TIRURANGADI, MALAPPURAM. 4. TAHSILDAR,TIRURANGADI TALUK, TIRURANGADI,MALAPPURAM. 5. ANOOP PARAKKAT,ADVOCATE, COMMISSIONER IN CMP 2734/2010,CJM'S COURT, MANJERI. R1 BY ADV. SRI.DEVAPRASANTH.P.J. R2 TO R4 BY GOVERNMENT P LEADER SRI.S.JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32443/2011 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER DTD. 13/07/2010 IN WPC.NO.21856/2010. P2: COPY OF DD RECEIPTS ISSUED BY PUNJAB NATIONAL BANK FOR RS.5 LAKHS IN ALL IN FAV. OF 1ST RESPONDENT. P3: COPY OF ORDER DTD. 03/08/2010 IN WPC.NO.21856/2010. P4: COPY OF PETITIONERS' REPRESENTATION DTD. 26/08/2010 TO R1. P5: COPY OF LETTER DTD. 21/08/2010 FROM R1. P6: COPY OF LETTER DTD. 13/09/2010 FROM R1. P7: COPY OF PETITIONERS' REPRESENTATION DTD. 26/10/2011 TO R1 BANK'S BOARD OF DIRECTORS. P8: COPY OF PAY IN SLIP AND CHEQUE FOR RS. LAKHS TENDERED TO R1 BY PETITIONER ON 24/11/2011. P9: COPY OF SPECIMEN WEDDING INVITATION CARD TO PETITIONER'S DAUGHTER'S MARRIAGE. P10: COPY OF DD SLIP AND DD FOR RS.1,80,000 DTD. 25/11/2011 BY PETITIONER IN FAV.OF R1. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss S.SIRI JAGAN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)NO.32443 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of December 2011 JUDGMENT The petitioner is a defaulter in repayment the loan amounts due to the first respondent. The first respondent has initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of the amount. That is under challenge in this writ petition. But the petitioner does not dispute the liability to pay for the quantum. The petitioner only seeks facility to pay the amounts in instalments. This is opposed by the counsel for the first respondent bank. However, taking a lenient view, I dispose of this writ petition with following directions: The petitioner shall pay an amount of Rs.2,00,000/- tomorrow, which shall be received by the bank. The petitioner shall pay the balance amounts in 7 equal monthly instalments starting from 02/01/2012. Every subsequent instalment shall be paid on the first working day of every suceeding month. If the petitioner pays the said amount without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of either the Rs.2,00,000/- or any of the future 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. S.SIRI JAGAN, JUDGE. 2