IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 9699 of 2009(F) ------------------------- PETITIONER(S): --------------- 1. S.THANU PILLAI, S/O.SHANMUGAM PILLAI, TC 38/2746, GOMATHY BHAVAN, PAZHAYASALAI, CHALAI, THIRUVANANTHAPURAM-695 036. 2. GOMATHY AMMAL, W/O.SHANMUGAM PILLAI, DO. DO. BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENT(S): --------------- 1. UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NEW DELHI. 2. THE AUTHORISED OFFICER, CANARA BANK, CHALAI BRANCH, THIRUVANANTHAPURAM. 3. CANARA BANK, CHALAI BRANCH, THIRUVANANTHAPURAM, REPRESENTED BY ITS BRANCH MANAGER. BY SC V B HARINARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 9699 OF 2009 ............................................ DATED THIS THE 26TH DAY OF MARCH, 2009 JUDGMENT Following Ext.P6 judgment, the petitioners deposited an amount of Rs.3,00,000/- in terms thereof. It is obviously therefore that the bank issued Ext.P9 offering to consider any request of the petitioners for instalment facility. The petitioners state that they have made a representation. The learned counsel for the bank states that the petitioners have made a request for four instalments. This is a matter for the bank to consider. The anxiety of the petitioners is that their premises would not carry a notice under Section 13(4). Such action would not come from the bank, if the petitioners honour the directions of the bank. Therefore pending consideration of the representation of the petitioners, if the petitioners deposit @ Rs.3,00,000/- per month payable on or before 15th of every month commencing from April 2009, the bank would not take any action under Section 13(4) without issuing to the petitioners, its decision on the request for instalments and unless the petitioners default those conditions. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/27/3