IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 37778 of 2009(N) -------------------------- PETITIONER(S): --------------- UNNIKRISHNAN, K.S.NIVAS, FLOWER LAND, VETTIYERA, NAVAIKULAM, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE, KALLAMBALAM BRANCH, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER. 2. THE AUTHORISED OFFICER, STATE BANK OF TRAVANCORE, KALLAMBALAM BRANCH, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.V.K.SHAMSUDDIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 37778 of 2009 ---------------------------------------- Dated, this the 25th day of January, 2010 J U D G M E N T The petitioner has moved an I.A. 1089/2010 seeking for immediate intervention of this Court in view of the 'dispossession notice' issued by the Advocate Commissioner to oust the petitioner from the premises, which course has been pursued at the instance of the respondent Bank for not complying with the condition imposed by this Court while granting interim order on 30.12.2009. The learned counsel for the petitioner submits that the payment could not be effected on or before the 20th of this month because of some unforeseen circumstances. It is stated that the petitioner is ready and willing to effect some more payment by depositing a sum of Rs.1,00,000/- within two weeks and that the entire remaining liability will be cleared on or before the 31st of March, 2010. 2. Heard the learned counsel appearing for the Bank as well. 3. Considering the facts and circumstances, the petitioner is permitted to wipe off the entire liability in the terms as proposed by the petitioner himself and accordingly, the petitioner is directed to deposit a sum of Rs.1,00,000/- within two weeks and the balance amount shall be WP(C) No.37778/2009 2 cleared with interest and cost by way of two equal monthly instalments, the first of which shall be effected on or before the 25th of February 2010 and the next one shall be effected on or before the 31st of March, 2010. Subject to the above, the recovery proceedings stated as being pursued by the respondent Bank shall be kept in abeyance. It is also made clear that, if any default is committed by the petitioner, in satisfying the liability as above, the respondent will be at liberty to proceed with further steps for realisation of the entire amount in a lump sum, by pursuing such proceedings, from the stage where it stands now. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc