IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 W.P(C).No. 10362 of 2008(H) ---------------------------------- PETITIONER: -------------- SUBIN RADHAKRISHNAN, S/O.RADHAKRISHNAN FLAT NO. 5 STATUE, CAPITAL TOWERS THIRUVANANATHAPURAM. BY ADV. SRI.M.R.SARIN RESPONDENTS: ----------------- 1. MANAGER, VIJAYA BANK, M.G.ROAD BRANCH T.C.25/2425-2, M.G. ROAD, THIRUVANANTHAPURAM. 2. THE CHIEF JUDICIAL MAGISTRATE THIRUVANANTHAPURAM DISTRICT. 3. UNION OF INDIA, REPRESENTED BY SECRETARY MINISTRY OF FINANCE, NEW DELHI. BY GOVT. PLEADER, SRI. I.V. PRAMOD ADV. SRI. R.S. KALKURA, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 10362 OF 2008 H = = = = = = = = = = = = = = = = Dated this the 31st March, 2008 J U D G M E N T The challenge in this writ petition is against Ext. P2. 2. According to the petitioner, the Chief Judicial Magistrate does not have the power to entertain an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Though this contention has been raised, learned counsel for the petitioner confines his prayer to one for the grant of an instalment facility to discharge the liability. The bank is also not against this request. 3. In view of the above, I dispose of this writ petition directing that subject to petitioner remitting 50% of the amount due on or before 30.4.2008, further proceedings pursuant to the order passed on Ext.P2 shall not be pursued. It is directed that the petitioner will also pay, as agreed by him, the balance amount in 3 equal monthly instalments, the first of which will be payable on or before W.P.(C) No. 10362 OF 2008 -2- 30.5.2008 and the subsequent instalments before the 30th of June and July, 2008. It is directed that in the event of making payment as above, further action pursuant to Ext. P2 shall be deferred and in case default is committed, the bank will be free to continue the action that it has already taken. ANTONY DOMINIC JUDGE jan/-