IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WA.No. 1495 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.13153/2009 Dated 12/06/2009 .................... APPELLANT/PETITIONER: --------------------------- A.M.BAVOO, S/O.MYTHEEN, AGED 42 YEARS, RESIDING AT AACHERIVAYALIL HOUSE, PAZHAKKAPPILLY PO, MOOVATTUPUZHA PIN- 686 674. BY ADV. SRI.C.K.PAVITHRAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE CHIEF MANAGER AND AUTHORISED OFFICER SPECIAL ASSETS MANAGEMENT DEPARTMENT, PUNJAB NATIONAL BANK, CHIRCLE OFFICE, SHATHABDI BHAVAN, MINI BYEOASS, GOVINDAPURAM, KOZHIKODE. 2. THE CHIEF MANAGER, ASSET RECOVERY, MANAGEMENT BRANCH, PUNJAB NATIONAL BANK, MARKET ROAD, 40/1461, ERNAKULAM,.KOCHI-682 011. 3. THE MANAGER, PUNJAB NATIONAL BANK, BRANCH OFFICE, MOOVATTUPUZHA. 4. A.B,BACKER, PROPRIETOR, M/S.GENERAL AGENCIES, FOOD GRAIN DEALER, PAZHAKAPPILLY PO, MOOVATTUPUZA, R1 TO R3 BY ADV. SRI.C. AJITH KUMAR, SC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1495 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 23rd day of July, 2009 JUDGMENT S.R. Bannurmath, C.J. This writ appeal is filed against the judgment of the learned Single Judge dated 12th June, 2009 in W.P.(C) No.13153 of 2009. 2. After hearing the learned counsel on both sides, in the peculiar facts and circumstances of the case, we modify the direction issued by the learned Single Judge to the following effect. 3. The petitioner/appellant is directed to remit a sum of Rupees two lakhs on or before 17.08.2009. The balance amount shall be remitted in eight equal monthly instalments, first of which shall be made on or before 15.09.2009 and the remaining instalments shall be made on or before 15th of every succeeding month. So far as the condition for default is concerned, the same WA No.1495 of 2009 -:2:- shall remain unaltered except the sum of Rupees two lakhs instead of Rupees five lakhs. Subject to the above modification, the writ appeal stands disposed of. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge ttb