IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 27751 of 2011(T) -------------------------------------- [C.M.P.NO.3112/2010 OF CHIEF JUDICIAL MAGISTRATES COURT, THIRUVANANTHAPURAM] .................... PETITIONERS: --------------------- 1. KALAVATHI, AGED 47 YEARS, D/O.LATE PAPPAMAL,LISSI COTTAGE,PAIPINMOOD JUNCTION,SASTHAMANGALAM. 2. MRS.PRABHA,AGED 38 YEARS, D/O.LATE PAPPAMAL,LISSI COTTAGE,PAIPINMOOD, JUNCTION,SASTHAMANGALAM. BY ADVS. SRI.M.BALAGOVINDAN, SRI.M.ANILKUMAR, SRI.A.ANOOP. RESPONDENT: ---------------------- THE CHIEF MANAGER,STATE BANK OF TRAVANCORE,CHALAI BRANCH,THIRUVANANTHAPURAM, PIN-695 006. BY SRI. R.S. KALKURA, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.27751/2011-T: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT-P1: TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE CORPORATION OF TRIVANDRUM. EXHIBIT-P2: TRUE PHOTOCOPY OF THE LAWYER NOTICE ISSUED BY THE RESPONDENT BANK DATED 12-11-2009. EXHIBIT-P3: TRUE COPY OF THE PETITION FILED BY THE RESPONDENT BEFORE THE C.J.M COURT,THIRUVANANTHAPURAM. EXHIBIT-P4: TRUE COPY OF THE NOTICE ISSUED BY THE C.J.M COURT, THIRUVANANTHAPURAM. EXHIBIT-P5: TRUE COPY OF THE POST CARD NOTICE ISSUED BY THE ADVOCATE COMMISSIONER. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. S.SIRI JAGAN, J. ================== W.P.(C).No. 27751 of 2011 ================== Dated this the 21st day of October, 2011 J U D G M E N T The petitioners challenge proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, initiated by the respondent for recovery of loan amounts due from their late mother and the petitioners' brother. The petitioners do not dispute the liability to pay or the quantum. They only seek facility to pay off the amounts due in instalments. 2. The learned counsel for the bank points out that the petitioners' brother and their mother had filed W.P.(C).No. 3961/2011, which was dismissed relegating the parties to the appellate remedies available under the Act. Therefore, according to the counsel, the petitioners in this writ petition cannot now file another writ petition challenging the same proceedings. 3. I have considered the rival contentions in detail. 4. The petitioners have filed this writ petition as legal heirs of their mother, who is no more. Of course, their mother and brother had filed a writ petition, which was dismissed relegating the parties to the appellate remedies. Insofar as the petitioners do not dispute the liability to pay, but only seek facility to pay off the amounts due in instalments, I am inclined to direct the respondent to grant the w.p.c.27751/11 - : 2 :- petitioners the facility to pay off the amounts due in instalments. Accordingly, this writ petition is disposed of with the following directions: The petitioners shall pay the balance amounts due in five 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 petitioners pay the instalments on the due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioners commit default in payment of any of the instalments, it would be open to the respondent 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