IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 RP.No. 979 of 2008(C) --------------------- AGAINST THE JUDGEMENT IN WPC.23335/2008 Dated 05/08/2008 CMP.3978/2007 of C.J.M.,TRIVANDRUM .................... REVIEW PETITIONER: PETITIONER IN WPC: ----------------------------------- P.LATHA, AGED 40 YEARS, D/O.MEENAKSHI, VATTAVILAKATHU PUTHEN VEEDU, KAITHOTTUKONAM, BALARAMAPURAM. BY ADV. SRI.B.HARISH KUMAR RESPONDENT : RESPONDENT IN WPC: ------------------------------- STATE BANK OF TRAVANCORE, REGION 11, ZONAL OFFICE, KERALA HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM, REPRESENTED BY ITS AUTHORIZED OFFICER AND CHIEF MANAGER (ADVANCES). BY SC SRI SAJI VARGHESE THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------------- R.P. 979 OF 2008 IN W.P.(C) 23335 of 2008 -------------------------------------------------------- Dated: SEPTEMBER 17, 2008 ORDER The writ petition was dismissed by judgment dated 5th August, 2008. Though several contentions have been raised by the learned counsel for the petitioner for review of the judgment, I am not impressed by any one of them. However, lastly he requested that the petitioner may be permitted to discharge the liability in instalments. 2. This prayer is opposed by the learned standing counsel for the Bank on the ground that the petitioner was deliberately dodging the proceedings including the one under sec.14 of the Securitization and Re-construction of Financial Assets and Enforcement of Security Interest Act, before the CJM Court and according to him the request made does not have any bona fides. 3. Be that as it may, now that the petitioner seems to be desirous of discharging the liability and to save the R.P. 979 OF 2008 IN W.P.(C) 23335 of 2008 2 secured assets from a distress sale, I am inclined to review the judgment to the limited extent to permit the petitioner to pay the amount in instalments. 4. Accordingly, having regard to the facts highlighted by the petitioner and also taking into account the submission made by the learned counsel for the Bank, I direct that in modification of the judgment dated 5th August, 2008, petitioner will be permitted to discharge the liability due to the Bank in six equal monthly instalments. The first instalment shall be paid on or before 30th of September 2008 and the subsequent instalments, on or before the 30th of every succeeding months. 5. Subject to payment as above, further proceedings will be kept in abeyance and if default is committed in paying any one of the instalments, the Bank will be free to continue the proceedings. Review petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-