IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 20458 of 2011(F) -------------------------------------- PETITIONER: ------------------- K.KAMALASANAN, S/O.KOCHUKUNJU, AGED 53 YEARS, AKAMPADISSERIL, KAROOR P.O., AMBALAPPUZHA, ALAPPUZHA. BY ADVS. SRI.P.KRISHNA KUMAR (ALAPPUZHA), SRI.SUNIL J.CHAKKALACKAL. RESPONDENTS: ------------------------ 1. UNION BANK OF INDIA, ALAPPUZHA BRANCH, KABEER PLAZA, C.C.S.B.ROAD, MULLACKAL, ALAPPUZHA-688 011, REP. BY ITS BRANCH MANAGER. 2. THE AUTHORIZED OFFICER UNDER SARFAESI ACT (CHIEF MANAGER) UNION BANK OF INDIA, KOTTAYAM BRANCH, CSI SQUIRE, KOTTAYAM-686 001. R1 & R2 BY SRI. A.S.P. KURUP, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20458/2011-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE DTD. 03/04/10 ISSUED BY THE R.2. EXT.P.2: COPY OF THE POSSESSION NOTICE DTD. 15/07/11 ISSUED BY THE COMMISSIONER. EXT.P.3: COPY OF THE RECEIPT OF APPLICATION TO FISHERMEN DEBT RELIEF COMMISSION DTD. 18/02/09. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.20458 OF 2011 ---------------------------------------------- Dated this the 27th day of July, 2011 JUDGMENT The petitioner is a defaulter in repayment of house building loan obtained from the 1st respondent bank. The respondents have initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act for recovery of the amounts due from the petitioner to the 1st respondent bank, which is under challenge in this writ petition. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the amounts due in instalments. 2. This is opposed by the learned Standing Counsel for the bank. 3. Having heard both sides, I dispose of this writ petition with the following directions: The respondents shall permit the petitioner to pay off the balance amount due in ten equal monthly instalments starting from 1.9.2011. Every subsequent instalment shall be paid on the W.P.(C)No.20458/11 2 first working day of every succeeding month. If the petitioner pays the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of any one of the instalments, 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. S. SIRI JAGAN, JUDGE acd W.P.(C)No.20458/11 3