IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 11409 of 2009(U) -------------------------- CRMP.767/2009 of C.J.M.PATHANAMTHITTA .................... PETITIONERS: --------------- 1. THANKAMANY.E., STAFF QUARTERS NO.1, GOVERNMENT HOSPITAL, PUTHENTHURA P.O., KOLLAM-691588. 2. VIJAYAN.B.J., STAFF QUARTERS NO.1, GOVERNMENT HOSPITAL, PUTHENTHURA P.O., KOLLAM-691588. BY ADV. MR. S.MOHAMMED AL RAFI RESPONDENTS: --------------- 1. HOUSING DEVELOPMENT FINANCE CORPORATION LTD., REP.BY AUTHORISED OFFICER, H.D.F.C.HOUSE, RAVIPURAM, KOCHI-682015. 2. BRANCH MANAGER, H.D.F.C.LTD., PATHANAMTHITTA. BY MR. K.K. CHANDRAN PILLAI, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 11409 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 21st day of May, 2009 JUDGMENT The petitioners have approached this Court challenging the proceedings taken by the respondents under the relevant provisions of the SARFAESI Act. When the matter came up for consideration on 6.4.2009, it was adjourned to get instructions, simultaneously directing the impugned proceeding to be kept in abeyance, on condition that the petitioner paid a sum of Rs.50,000/- on or before 17.4.2009 and yet another sum of Rs. 50,000/- on or before 16.5.2009. The learned counsel appearing for the petitioner submits that because of some unfortunate turn of events, the second installment stipulated to be paid on or before 16.5.2009 could not be effected and that the petitioner is intending to file a petition for extension for time in this regard. 2. After hearing both the sides, it is found fit and proper to have the matter closed, of course taking of the interim order already passed by this Court. 3. In the above circumstance, the petitioner is directed to pay the sum of second installment of Rs.50,000/- ordered to be paid vide order dated 6.4.2009 forthwith, at any rate on or before 23.5.2009. Considering the submission made by the learned counsel appearing for the respondent Bank that the total amount due is more than WP (C) No. 11409 of 2009 : 2 : Rs.5,00,000/-, the balance amount shall be paid by way of eight equal monthly installments commencing from 20th of June, 2009. It is also made clear that if any default is made in remitting the installments as aforesaid, the Bank is at liberty to realise the entire amount by way of lump sum. The WP (C) is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd