IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 W.P(C).No. 11346 of 2008(A) ---------------------------------- PETITIONER: ------------- N.SANTHAMMA, S/O NARAYANAKURUP, AGED 56 YEARS, SANTHI BHAVAN, ERUVA EAST, PATHIYOOR VILLAGE, KAYAMKULAM. BY ADV. SRI.A.AHZAR RESPONDENTS: ----------------- 1. THE CATHOLIC SYRIAN BANK LIMITED, KAYAMKULAM BRANCH, KAYAMKULAM, REPRESENTED BY ITS BRANCH MANAGER. 2. THE TAHSILDAR, KARTHIKAPALLY TALUK, ALAPPUZHA. BY ADV. SRI. B.S. KRISHNAN, SC FOR CSB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 11346 OF 2008 A = = = = = = = = = = = = = = Dated this the 9th April, 2008. J U D G M E N T Petitioner is a defaulter to the respondent. For realisation of the amount due, though a suit filed by the bank before the Sub Court, Mavelikkara is pending, the bank has simultaneously initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Act, 2002. They have also obtained an order under Section 14 as well, which is Ext. P2. At this stage, the writ petition has been filed challenging the proceedings. Counsel for the petitioner submits that the dispute is regarding the quantum of the liability. But then that is not a matter which can be adjudicated in proceedings under Article 226 of the Constitution. 2. At this stage, learned counsel for the petitioner seeks an instalment facility to discharge the liability and I heard counsel for the respondent bank also on this request. Though the counsel for the bank opposed the granting of an instalment facility, still I feel W.P.(C) No. 11346 OF 2008 - 2 - that the petitioner should be given an opportunity to save her residential property from a distress sale. 3. Accordingly, I dispose of this writ petition itself directing that the amount due to the respondent bank will be paid by the petitioner in 6 equal monthly instalments, the first of which will be payable before 30th of April, 2008 and the subsequent instalments before the 30th of every succeeding month. Subject to payment as above, further proceedings pursuant to Ext. P2 will stand deferred and in case default is committed, the bank will be free to continue the proceedings. ANTONY DOMINIC JUDGE jan/-