IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WA.No. 1148 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.11626/2011 Dated 07/07/2011 .................... APPELLANT/ PETITIONER ------------------------ DR.SUJATHA RANI, D/O.RAMALINGAM NADAR, DREAMLAND, THALIYAL, KARAMANA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: --------------- 1. THE FEDERAL BANK LTD., NANTHANCODE BRANCH, D.B.JUNCTION, KOWDIYAR POST, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS CHIEF MANAGER. 2. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, (KERALA & LAKSHADWEEP), 8TH FLOOR, K.S.H.B. BUILDING, PANAMPILLY NAGAR, COCHIN-682 036. SRI.A.ANTONY FOR RESPONDENT THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.No.1148/2011 APPENDIX ANNEXURE-1: COPY OF THE INTERIM ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P.(C) NO.11626/2011 DT.11.4.2011. ANNEXURE-2: COPY OF THE INTERIM ORDER DT.27.5.2011 IN I.A.NO.7714/2011 IN W.P.(C) NO.11626/2011 PASSED BY THE LEARNED SINGLE JUDGE. //TRUE COPY// PA TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. -------------------------------- W.A.No.1148 OF 2011 --------------------------------- Dated this the 5th day of August, 2011 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, J. Heard the learned counsel for the appellant and the standing counsel appearing for the respondent bank. The arrears claimed by the bank based on DRT award is not under challenge. The counsel for the appellant submitted that already Rs.5 lakhs is remitted pursuant to the interim order of this Court and the balance is around Rs.10 lakhs. Eventhough the standing counsel for the Bank submitted that time is required for taking instructions, we do not think there is any need to keep this matter pending because the appellant has undertaken to clear the arrears in four equal monthly instalments. We do not think the bank can have any serious objection against granting the time requested for settling liability by the appellant. We accordingly allow the Writ Appeal by vacating the judgment of the learned Single Judge and dispose of the W.P.(C) directing the respondents to keep in abeyance the W.A.No.1148/2011 2 recovery proceedings for a period of four months on condition of appellant clearing the arrears in four equal monthly instalments. First instalment will be paid on or before 31st of this month and balance on or before the last day of the following three months. However, in the event of default in payment of any of the instalments, the bank is free to sell the property. (C.N.RAMACHANDRAN NAIR, JUDGE) ( P.S.GOPINATHAN, JUDGE) ps/6/8