IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 W.A.No.2076 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).27072/2008-W, DATED 05/09/2008 .................... APPELLANT/PETITIONER:- --------------------------------------- S.SASANKARAN, 56 YEARS, S/O.SREEDHARAN, JAYABHAVAN CHEMMANAMTHITTA, MOOTHEDOM, MALAPPURAM. BY ADV. SRI.A.F.SEBASTIAN RESPONDENTS/RESPONDENTS:- ------------------------------------------------- 1. STATE BANK OF INDIA, REPRESENTED BY THE AUTHORISED OFFICER, REGIONAL BUSINESS OFFICE, KOZHIKODE-673002. 2. BRANCH MANAGER, STATE BANK OF INDIA, MANIMOOLI BRANCH, MALAPPURAM. 3. RESERVE BANK OF INDIA, REPRESENTED BY ITS GOVERNOR, CENTRAL OFFICE, MUMBAI-400 001. 4. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF BANKING AFFAIRS, NEW DELHI. R1 TO R3 BY STANDING COUNSEL SRI.K.JAYAKUMAR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.No.2076 of 2008 ---------------------------------------------- Dated, this the 20th day of October, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.27072/2008 dated 5th September, 2008. 2. In the normal course we would not have entertained this writ appeal, but, for the statement made by the appellant, that, he is an ex-serviceman and has fought for the country. Keeping this aspect of the matter in view, we modify the orders passed by the learned Single Judge as under: 3. The appellant shall deposit a sum of Rs.20,000/- (Rupees twenty thousand only) within 15 days from today and the balance of amounts as demanded by the respondents in their notice issued under Section 13 (4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 in 15 equal monthly instalments starting from first day of December, 2008. If there is any default by the appellant in complying with the orders and W.A.No.2076/2008 -2- directions issued by this Court, the Bank is at liberty to proceed against the appellant from the stage at which it was interdicted by this Court. The orders passed by us shall not be treated as a precedent in any other case. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS/dk