IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 16890 of 2008(I) -------------------------- PETITIONER: ---------------- P.GOPALAKRISHNAN, S/O.RAMATHARAKAN, PARACKAL HOUSE, PERINGOD, PARASSERY P.O, PALAKKAD DISTRICT. BY ADV. SRI.P.R.VENKETESH RESPONDENTS: ------------------- 1. BRANCH MANAGER, UNION BANK OF INDIA, KAIKATTY BRANCH, PALAKKAD DISTRICT. 2. THE AUTHORIZED OFFICER, UNION BANK OF INDIA, NRI BRANCH, PB NO.118, THERADAPPUZHA BUILDING, R.S.ROAD, PALAKKAD -678 001. BY SRI. A.S.P. KURUP - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.16890 OF 2008 ---------------------------------------- Dated this the 6th day of June, 2008 JUDGMENT The petitioner is challenging proceedings under the Securitisaion and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 initiated by the 1st respondent for recovery of loan amounts due from the petitioner to the bank. The petitioner does not dispute the liability or the quantum. He only seeks facility to pay the amount in instalments. This is opposed by the learned Standing Counsel for the bank. However, the petitioner has got a contention that the proceedings are against agricultural land which is exempt from proceedings under the Act. This Court cannot go into that question, since the same is a question of fact, disputed by the Standing Counsel, which cannot be adjudicated in proceedings under Article 226. 2. Considering the facts and circumstances of the case, I feel that the petitioner can be permitted to pay off the amounts in instalments. Accordingly, I dispose of this writ petition with W.P.(c)No.16890/08 2 the following directions. The petitioner shall pay an amount of Rs.2 lakhs within a period of one month. The balance amounts shall be paid in six equal monthly instalments starting from 1.8.2008. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the above amounts in time on the due dates, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of either Rs.2 lakhs or any of the subsequent instalments, it would be open to the 1st respondent to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.16890/08 3