IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 34155 of 2011(T) --------------------------------- PETITIONER(S): ------------------- BEENA R.S., REVATHY, MTRA 89, MALAYINKIL, THIRUVANANTHAPURAM - 695 571. BY ADVS. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.ANILA PETER SRI.G.ARUN GOPAN SRI.J.VIVEK GEORGE RESPONDENT(S): -------------------- THE MANAGER, SYNDICATE BANK, PALAYAM BRANCH, THIRUVANANTHAPURAM - 695 033. BY R.S.KALKURA, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 34155/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 3.11.2011 P2: TRUE COPY OF THE REPRESENTATION OF PETITIONER DATED 21.11.2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 34155 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th day of December, 2011. J U D G M E N T The petitioner is challenging proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 initiated by the respondent for recovery of defaulted loan amounts. The petitioner does not dispute the liability or quantum. The petitioner only seeks facility to pay the amounts in instalments. This is opposed by the counsel for the bank. However, taking a lenient view, I dispose of this writ petition with the following directions: The petitioner shall pay the amounts demanded in ten equal monthly instalments starting from 2.1.2012. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the amounts on the due dates without default, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in complying with the above directions or in paying any one instalment, it would be open to the respondent to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S. Siri Jagan, Judge. Tds/