IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 27039 of 2011(D) --------------------------------------- PETITIONER(S): ------------------------ 1. FATHIMA M.P, W/O.MOHAMMED, MANIKKAPARAMBA, OLAVATTOOR P.O, KONDOTTY, MALAPPURAM DISTRICT. 2. MOHAMMED, MANIKKAPARAMBA, OLAVATTOOR P.O, KONDOTTY, MALAPPURAM DISTRICT. 3. KUTTAYI C, S/O.VELAYUDHAN, THEKKETH PARAMBA, ARROOR P.O., OLAVATTOOR, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM- 676 505. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, ERNAD TALUK, MANJERI- 676 121. 3. THE SYNDICATE BANK, REGIONAL OFFICE, SHANMUGHAM ROAD, ERNAKULAM- 682 031. R1 & R2 BY GOVT. PLEADER SMT.SHOBA ANNAMMA EAPEN. R3 BY ADV. MR.R.S. KALKURA, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 27039 of 2011(D) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1. TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER PULIKKAL VILLAGE DATED 28.09.2010. EXHIBIT P2. TRUE COPY OF THE PAYMENT OF SUBSCRIPTION TO THE AGRICULTURAL WORKERS WELFARE FUND BY THE IST PETITIONER. EXHIBIT P3. TRUE COPY OF THE PASS BOOK RELATING TO THE ACCOUNT OF THE IST PETITIONER. EXHIBIT P4. TRUE COPIES OF THE RECEIPTS FOR PAYMENT OF RS.30,000/- DATED 05.02.2010 AND RS. 20,000/- DATED 05.04.2010. EXHIBIT P5. TRUE COPY OF THE NOTICE DATED 19.11.2010 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. EXHIBIT P6. TRUE COPY OF THE REPLY NOTICE DATED 10.10.2010 ISSUED BY THE IST PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P7. TRUE COPY OF THE DEMAND NOTICE DATED 29.06.2011 ISSUED TO THE PETITIONERS U/S.7 OF THE REVENUE RECOVERY. EXHIBIT P8. TRUE COPY OF THE DEMAND NOTICE DATED 29.06.2011 ISSUED TO THE PETITIONERS U/S.34 OF THE REVENUE RECOVERY. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 27039 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th day of October, 2011. J U D G M E N T The petitioners are defaulters in repayment of loan amounts due to the respondents. The respondents have initiated proceedings under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of the same, which is under challenge in this writ petition. However, the petitioners do not dispute the liability to pay or the quantum. They only seek facility to pay off the amounts in instalments. This is opposed by the counsel for the bank. However, taking a lenient view, I dispose of this writ petition with a direction to the respondents to permit the petitioners to pay off the amounts due in 10 equal monthly instalments starting from 1.11.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioners pay the instalment amounts on due dates without default, proceedings under the Act shall be kept in abeyance. However, if the petitioners commit default in payment of any one instalment, 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/- S. Siri Jagan, Judge. Tds/