IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 34418 of 2009(V) -------------------------- CMP.2202/2009 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): --------------- VIJAYAN NAIR. C, VIJAYALAYAM, VEILOORE, MURUKUMPUZHA. BY ADV. SRI.T.S.RADHAKRISHNA PILLAI SRI.O.K.MURALEEDHARAN RESPONDENT(S): --------------- THE CHIEF MANAGER, (AUTHORISED OFFICER), STATE BANK OF TRAVANCORE, CHIRAYINKEEZHU, BRANCH, THIRUVANANTHAPURAM DIST. ADV.R.S.KALKURA, SC FOR SBT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 34418 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December, 2009 J U D G M E N T 1. Petitioner had approached this court on an earlier occasion, when coercive steps under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) was initiated and when an Advocate Commissioner was appointed by the Magistrate Court under Section 14 of the Act to dispossess the petitioner from the immovable property, which is the secured asset. In that writ petition standing counsel appearing for the respondent Bank submitted that the defaulted amount over due for payment is more than Rs.3,50,000/-. While disposing the writ petition, in Ext.P4 judgment, this court shown indulgence in permitting the petitioner to regularise the account by paying the entire amount due pertaining to the defaulted monthly installments, along with over due interest and expenses if W.P.(C)No. 34418 of 2009 -2- any liable, in two (2) equal monthly installments to be paid on or before 20.10.2009 and 20.11.2009. 2. It is submitted that the petitioner had effected payment of an amount of Rs.1,78,000/- before 15.10.2009 on the premise that the said amount is 50% of the defaulted arrears. Subsequently he made a further payment of Rs.2,07,000/- as evidenced from Exts.P7 & P8 on 24.11.2009. According to the petitioner, delay of four days in effecting payment of the second installment as stipulated in Ext.P4, happened only due to unforeseen contingencies beyond his control. But the respondent Bank has threatened with coercive steps of dispossession, and hence the petitioner is approaching this court in the present writ petition. 3. Learned standing counsel appearing for respondent Bank submitted that the amount due with respect to the defaulted arrears as on November, 2009 was Rs.4,28,617/- and the petitioner had effected a total payment of Rs.3,85,000/- only. Therefore there is W.P.(C)No. 34418 of 2009 -3- non-compliance of the directions contained in Ext.P4 judgment. According to the respondent there is still a balance of Rs.43,617 due as on 20.11.2009. 4. According to the petitioner the amount over due to be paid for compliance of Ext.P4 judgment, has never been intimated by the Bank to the petitioner. It is evident that the Bank had not issued any notice to the petitioner after 20.10.2009 alleging non-payment of the first installment stipulated in Ext.P4. On the other hand it is evident that further amounts were received during November, as if such payments are received towards the second installment stipulated under Ext.P4. Learned standing counsel contended that such an intimation was already issued on 03.11.2009 to the petitioner and he has not paid the amount in full as requested therein. 5. However, considering the fact that the petitioner had effected considerable payment on 24.11.2009, I am of the opinion that further indulgence can be shown in permitting the petitioner to continue regular payments of W.P.(C)No. 34418 of 2009 -4- future installments, if he pay off the balance due till November,2009. 6. Under the above circumstances the writ petition is disposed of directing the petitioner to make payment of the regular installment due for the month of December, 2009 along with balance if any due with respect to the defaulted amounts, on or before 31.12.2009. If the amount is paid as above, the petitioner shall be permitted to continue payment of future installments as directed in Ext.P4 judgment. 7. It is made clear that on the event of default in complying with the above stipulations, the respondents can proceed with further steps pursuant to the orders already issued by the CJM Court, and on any such event the petitioner will be precluded from raising any subsequent challenge, either before this court or before any other forum. C.K. ABDUL REHIM JUDGE shg/