IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 26580 of 2011(V) ---------------------------------------- PETITIONER(S): ------------------------- ABDUL HAKKIM, AGED 60 YEARS, S/O.ABDUL KARIM, SHIBI MANZIL, KULAMUTTOM P.O., KAVALAYOOR, MANABOOR, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SURESH JOSE RESPONDENT(S): ---------------------------- 1. THE FEDERAL BANK LTD., BRANCH MANAMBOOR, MOONGODE, KAVALAYOOR, PIN-695 144, REPRESENTED BY ITS CHIEF OFFICER. 2. REGIONAL MANAGER, FEDERAL BANK LTD., FEDERAL TOWER, ALUVA PO, ALUVA-683 101. R1 & R2 BY ADV. SRI. GEORGE VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26580/2011 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE TREATMENT RECORDS SERIES. EXT.P2 TRUE PHOTOCOPY OF THE ORDER IN M.C.104/2010 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. EXT.P3 TRUE PHOTOCOPY OF THE NOTICE DATED 09/8/2011 RECEIVED BY PETITIONER FROM THE IST RESPONDENT BANK. EXT.P4 TRUE PHOTOCOPY OF THE REPRESENTATION SENT BY PETITIONER TO THE IST RESPONDENT BANK. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J. ================== W.P.(C).No. 26580 of 2011 ================== Dated this the 27th day of October, 2011 J U D G M E N T The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, initiated by the respondents for recovery of loan amounts defaulted by the petitioner. 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 counsel for the bank. 3. However, taking a lenient view, I dispose of this writ petition with the following directions; The petitioner shall pay the balance amounts due in ten equal monthly instalments starting from 1.12.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on the due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of any 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. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge - : 2 :-