IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24417 of 2008(F) -------------------------- CMP.2334/2008 of C.J.M.,TRIVANDRUM .................... PETITIONER: ------------ R.JAYASREE, W/O.B.S.SHYAMALA KUMAR, R/AT 91, SECTOR V, PUSHPAVIHAR, SAKET, NEW DELHI-17, NOW EMPLOYED AS U.D.CLERK, INTELLIGENCE BUREAU, MINISTRY OF HOME AFFAIRS, GOVT.OF INDIA, NORTH BLOCK, NEW DELHI. BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI. 2. THE AUTHORISED OFFICER, CHIEF MANAGER (ADVANCES) STATE BANK OF TRAVANCORE, REGION I, ZONAL OFFICE, SHANTHI NAGAR, THIRUVANANTHAPURAM. 3. STATE BANK OF TRAVANCORE, BAKERY JUNCTION BRANCH, THIRUVANANTHAPURAM.REP. BY ITS BRANCH MANAGER. BY SRI. P. PARAMESWARAN NAIR, ASST. SOLICITOR GENERAL. ADV. SRI. R.S. KALKURA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 24417 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13th August, 2008. J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due from the petitioner to the 3rd respondent Bank. The Bank has initiated recovery proceedings for recovering the defaulted amounts. Although the petitioner challenges the same, the petitioner now confines her relief for permission to pay off the amounts in instalments. 2. This is opposed by the learned counsel for the Bank. He would submit that after mortgaging her property to the Bank, the petitioner has, without informing the Bank, mortgaged the same to her employer. All the same, I am inclined to take a lenient view in the matter by permitting the petitioner to pay off the amounts in instalments, but on conditions. Accordingly, the writ petition is disposed of with the following directions: The petitioner shall pay an amount of Rs. 1 lakh within one month from today. The balance amount shall be paid in six equal monthly instalments starting from the first working day of October, 2008. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner complies with the above directions strictly, further recovery proceedings shall be kept in abeyance. However, if the petitioner fails to pay either Rs. 1 laks or any of the subsequent instalments, it would be open to respondents 2 and 3 to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.