IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 30809 of 2011(A) -------------------------------------- CMP.3723/2011 of C.J.M.,KOLLAM .................... PETITIONER(S): ----------------------- 1. K. BHADRAN, S/O.K.KESAVAN, AGED 54 YEARS, M/S.MOTHER RUBBER PRODUCTS, VADAKKEKARA VEEDU, IDAKKIDOM P.O., EZHUKONE, KOLLAM-691 505. 2. SHEEJA, AGED 42, W/O.K.BHADRAN, VADAKKEKARA VEEDU, IDAKKIDOM P.O., EZHUKONE, KOLLAM-691 505. BY ADV. SMT.I.S.LAILA RESPONDENT(S): ------------------------- 1. UNION BANK OF INDIA REPRESENTED BY ITS BRANCH MANAGER, KOTTIYAM BRANCH, NEELA BUILDING, P.B.NO.1, KOTTIYAM 691 571. 2. UNION BANK OF INDIA, REPRESENTED BY ITS MANAGER & AUTHORISED OFFICER, UNION BANK BHAVAN, M.G.ROAD, STATUTE, THIRUVANANTHAPURAM-695 001. 3. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 & R2 BY ADV.SRI. A.S.P. KURUP, SC R3 BY GOVERNMENT PLEADER SRI. S. JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.30809/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 6/7/2011 PASSED BY THIS HONOURABLE COURT IN WP(C) NO.18007/2011. EXT.P2: COPY OF THE BANK STATEMENT FROM 29/6//2011 TO 3/10/2011. EXT.P3: COPY OF THE AFFIDAVIT AND PETITION FILED ON 3/10/2011 IN CMP NO. 3723/2011 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM. EXT.P4: COPY OF THE ORDER DATED 3/10/2011 ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM IN CMP NO. 3723/2011. EXT.P5: COPY OF THE RECEIPT EVIDENCING PAYMENT DATED 31/10/2011 IN COMPLIANCE OF EXT. P1 JUDGMENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV S.SIRI JAGAN, J. ================== W.P.(C).No. 30809 of 2011 ================== Dated this the 22nd day of November, 2011 J U D G M E N T Respondents 1 and 2 initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, against the petitioners for recovery of loan amounts due from the petitioners to respondents 1 and 2. The petitioners filed W.P.(C).No.18007/2011 before this Court and obtained Ext.P1 judgment permitting the petitioners to pay off the amounts in instalments. The petitioners submit that they are complying with Ext.P1 judgment. But, in respect of one instalment, due to the circumstances beyond their control, they could pay the instalment amount only on the next day, which has been accepted by the bank. Subsequent instalments are being paid on the due dates. Despite the same, respondents 1 and 2 are taking further proceedings under the Act, is the complaint of the petitioners. The learned Standing Counsel for respondents 1 and 2 submits that they have already taken steps to withdraw further proceedings initiated before the Chief Judicial Magistrate's Court and assures the Court that they will abide by Ext.P1 judgment. This is recorded and the writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge