IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 3651 of 2008(I) ------------------------- CMP.4326/2007 of C.J.M.,TRIVANDRUM .................... PETITIONER: ---------------- K.VIMALA, KUNDUVILA PUTHEN VEEDU, KOTTAMOM, PARASUVAIKKAL P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.RAVIKUMAR SMT.G.AMBILI RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE AUTHORIZED OFFICER, CHIEF MANAGER (ADVANCES), STATE BANK OF TRAVANCORE REGION-II, ZONAL OFFICE, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.I.V.PRAMOD SRI.SAJI VARGHESE, SC FOR BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 3651 OF 2008 I ===================== Dated this the 31st day of January, 2008 J U D G M E N T Proceedings were initiated against the petitioner under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. As part of the proceedings, the Bank obtained an order from the Chief Judicial magistrate in terms of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. It is at that stage this writ petition has been filed challenging the proceedings and the petitioner submits that soon after she came to know of the proceedings, out of the debts due, an amount of Rs.25,000/- has already been deposited. 2. Although several contentions have been raised by the petitioner, the only request that is urged before me is one for an instalment facility to discharge the liability. WPC 3651/08 :2 : 3. I heard the counsel for the Bank also. 4. Having regard to the submissions made and also taking into account the fact that the proceedings pertain to the residential premises of the petitioner, I direct that the amount that still remains outstanding to the Bank will be paid by the petitioner in six equal monthly instalments. The first instalment will be payable in the first week of March, 2008 and the subsequent instalments will be payable on the first week of every succeeding month. 5. Subject to payment as above, further proceedings pursuant to Ext.P2 will stand deferred and in case the petitioner commits default in paying any one of the instalments, Bank will be free to continue the action that it has already taken. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Rp