IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WA.No. 815 of 2010 -------------------- AGAINST THE JUDGEMENT IN WPC.12290/2010 Dated 07/04/2010 .................... APPELLANT/PETITIONER: --------------------------- FR. CHRISTY THEVALLIL, AGED 47 YEARS, S/O.T.M. CHACKO, THE ST.MARY'S MALANKARA CATHOLIC CHURCH, CHITTAR - SEETHATHODE VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT/RESPONDENT: -------------------------------- THE STATE BANK OF TRAVANCORE, PATHANAMTHITTA MAIN BRNACH, REPRESENTED BY THE AUTHORISED OFFICER, CHIEF MANAGER, PATHANAMTHITTA. BY ADV. SRI.SATISH NINAN, SC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, CJ. & P.N.Ravindran, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 815 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of May, 2010 JUDGMENT Ravindran, J. The appellant is the petitioner in WP(C) No.12290 of 2010. The Writ Petition was filed challenging the steps taken by the respondent bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 2. By judgment delivered on 07.04.2010, the learned single Judge disposed of the writ petition with a direction that if the petitioner clears the overdue arrears within two weeks, the loan account shall stand regularised and all coercive steps pursuant to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 shall stand stayed for the time being. The learned single Judge also directed that the appellant/petitioner shall continue to pay the regular E.M.Is as originally stipulated. The learned single Judge also made clear that if the petitioner commits any WA No. 815 of 2010 -:2:- default in remitting the overdue amounts within the stipulated time or in the event of committing default in payment of two consecutive E.M.Is, the respondent bank will be at liberty to proceed with further steps for realisation of the entire outstanding liability in lump from the stage which it now stands. This writ appeal is filed contending that the learned single Judge ought to have granted the appellant/petitioner an opportunity to pay the overdue loan amount in installments. 3. We heard Sri.V.Sethunath, learned counsel appearing for the appellant. We also gone through the pleadings and the materials on record. The appellant has not stated in the writ petition the monthly installments which he is bound to pay or the total amount which is the presently overdue. There is no material before this Court to enable us to decide whether the petitioner should be given an opportunity to pay the overdue amount in installments. The petitioner is the Vicar of a church and therefore he is bound to maintain accounts relating to the repayment of loan taken for the church. No material is produced to show the remittances made by the appellant till date towards WA No. 815 of 2010 -:3:- re-payment of the loan. The appellant has also produced any material to show that the appellant does not have sufficient funds to pay the overdue amount in lump. In such circumstances, we are of the considered opinion that the decision of the learned single Judge does not warrant interference. The Writ Appeal fails and is accordingly dismissed. J.Chelameswar, Chief Justice. P.N.Ravindran, Judge. ttb