IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 W.P(C).No. 37828 of 2007(C) ---------------------------------- PETITIONER: -------------- SAVITHA SALIM, 21 (5/26), SAVITHA COTTAGE, ATTUKAL, CHULLIMANOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENTS: ----------------- 1. THE HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED, P.O.BOX NO.2244, VELLAYAMBALAM, THIRUVANANTHAPURAM, REP. BY ITS CHIEF MANAGER. 2. THE AUTHORISED OFFICER, THE HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED, P.O.BOX NO.2244, VELLAYAMBALAM, THIRUVANANTHAPURAM. BY ADV. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SMT.SHEENA SAMUEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 37828 OF 2007 C ===================== Dated this the 28th day of January, 2008 J U D G M E N T Ext.P1 is a notice issued by the respondent Bank under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. It is challenging the proceedings, this writ petition has been filed. Counsel for the petitioner confines his request for an instalment facility to discharge the liability. 2. I heard the counsel for the respondent Bank also, who points out about the continued default that has been committed by the petitioner and also that more than Rs.8.63 lakhs is due from the petitioner. Though the Bank is unwilling to restore the loan facility to the petitioner, he is not against the instalment facility requested for being granted. Taking into account the submissions made by both sides, I WPC 37828/07 :2 : dispose of this writ petition directing that petitioner will be permitted to discharge the liability in 15 instalments commencing from 1st week of March, 2008 and the subsequent instalments will be payable on the 1st week of every succeeding month. Subject to payment as above, further proceedings against the petitioner will stand deferred and if the petitioner commits default in paying any one of the instalments, Bank will be free to continue the action without further notice. ANTONY DOMINIC, JUDGE. Rp