IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 26943 of 2011(P) ---------------------------------- PETITIONER(S): -------------------- PRINCE GEORGE, S/O.GEORGE JOSEPH AGED 37 YEARS, LALITHA BHAVAN, M.O.WARD, ALAPPUZHA-688 007. BY ADV. SRI.ABDUL JALEEL.A RESPONDENT(S): --------------------- CHIEF MANAGER & AUTHORISED OFFICER ALLAHABAD BANK, ALAPPUZHA BRANCH, ALAPPUZHA - 688 001. BY ADV. SRI. VIVEK VARGHESE P.J. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 26943/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF DEATH CERTIFICATE DATED 11/07/2011 ISSUED BY THANNERMUKKAM GRAMA PANCHAYATH. P2: COPY OF THE NOTICE DATED 17/09/2011 ISSUED BY THE RESPONDENT BANK. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 26943 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th day of October, 2011. J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due to the respondent. The respondent has initiated proceedings under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of the same, which is under challenge in this writ petition. However, the petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off 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 a direction to the respondent to permit the petitioner to pay off the amounts due in 10 equal monthly instalments starting from 1.11.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalment amounts on due dates without default, proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of any one instalment, it would be open to the respondent to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/