IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 27499 of 2011(J) ------------------------------------ CMP.3139/2011 of CHIEF JUDL.MAGISTRATE, ERNAKULAM ................................................................. PETITIONER(S): --------------------- HELEN WILLIAM,AGED 50 YEARS, W/O.WILLIAM VIRJULIUS MERCIER,904/1/BETHEL, 113,KANNAMOOLA,KUNNUKUZHY.P.O,TRIVANDRUM. BY ADV. SRI.T.O.XAVIER RESPONDENT(S): ------------------------- 1. INDUSTRIAL DEVELOPMENT BANK OF INDIA LTD RAC, THIRUVANANTHAPURAM-695014, REP. BY ITS BRANCH MANAGER. 2. THE STATE OF KERALA REPRESENTED BY ITS VILLAGE OFFICER,MUVATTUPUZHA,ERNAKULAM DISTRICT, PIN-686661. 3. ADDL.R3- P.U.JOSE, AGED 39 YEARS, S/O.ULAHANNAN, PARAKUZHIYIL HOUSE, PIRAMADAM P.O., MARADI VILLAGE, MUVATTUPUZHA - 686673. (ADDL.R3 IS IMPLEADED AS PER ORDER DATED 27.10.2011 IN IA.17102/2011) BY ADV. SRI.N.RAJENDRAN SRI.K.S.FRIJO SRI.RAMU RAJENDRAN R3 BY SMT.V.SETHUKUTTY AMMA BY GOVT. PLEADER SMT.P.A.RAZIYA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 27499 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE BANK STATEMENT DTD 10/08/2011. P2 : COPY OF THE LAWYER NOTICE DTD 12/10/2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY/ P.A TO JUDGE. STU S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 27499 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 31st 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 respondents. The respondents have 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 respondents to permit the petitioner to pay off the amounts due in 10 equal monthly instalments starting from 1.12.2011. 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 respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/