IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WA.No. 2245 of 2009 ------------------------- AGAINST THE JUDGEMENT IN WPC.23293/2009 Dated 10/09/2009 .................... APPELLANT/ PETITIONER: ---------------------------- GOPINATHAN M.P., 53 YEARS, VANJIYIL VAYALIL HOUSE, CHENGAROTH P.O., PERUVANNAMMOOZHI, KOZHIKODE. BY ADV. SRI.A.F.SEBASTIAN RESPONDENTS: RESPONDENTS: ------------------------------------ 1. HDFC LTD. REP. BY THE AUTHORISED OFFICER, HDFC HOUSE, P.B.NO.1667, RAVIPURAM JUNCTION, M.G.ROAD, KOCHI - 682 015. 2. THE RESERVE BANK OF INDIA, REPRESENTED BY ITS GOVERNOR, CENTRAL OFFICE, MUMBAI - 400 001. BY ADV.SRI.K.K.CHANDRAN PILLAI. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A. K. Basheer J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 2245 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of October, 2009. Judgment Bannurmath, CJ: The appellant, aggrieved by the order dated 10th September, 2009 passed by the learned single Judge, though the learned single Judge has shown some indulgence, has filed the present appeal. As per the undisputed facts, for the loan taken in 2004 of Rs.1,25,000/- for which EMI of Rs.1501/- was fixed, the appellant committed default in payment of the EMIs and as such NPA notice was issued in August, 2009 for recovery of Rs.1,23,187/- as due. Aggrieved by the same when he approached this Court, the learned single Judge though found that there is no merit in the appellant's case, nevertheless showing some sympathy granted instalment facility with a direction to make a payment of Rs.25,000/- on or before 10/10/2009 and if complied with, further to make payment in 5 equal monthly instalments starting from 10/11/2009. It is this order which is impugned before us. 2. Having heard learned counsel for the appellant and the Bank, we find absolutely no merit in the appellant's contentions. Nevertheless, again sympathetically we extend the time for making the payment of Rs.25,000/- by 31/10/2009 and if such amount is deposited or paid to the Bank within that period, it will WA.2245/2009. : 2 : be available for him to pay the balance amount in 5 equal monthly instalments starting from 1/12/2009 and on the 1st of every succeeding months. With this modification we dispose of the appeal as devoid of merit. S.R.Bannurmath, Chief Justice A.K. Basheer Judge an.