IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 2896 of 2008(T) ------------------------- PETITIONER: ------------ K.M.MOIDEEN KUNHI, S/O.MOIDUNNI, KARIMBIL HOUSE, MANATHALA, THIRUVATHRA P.O., CHAVAKKAD, THRISSUR (DT) PIN 680 516. BY ADV. SRI.T.K.AJITH KUMAR SRI.P.VINODKUMAR SRI.SUSHANTH.J. RESPONDENTS: ------------- 1. THE DHANALAKSHMI BANK LTD., GURUVAYOOR BRANCH, EAST NADA, GURUVAYOOR P.O. THRISSUR DT, PIN 680 101 REPRESENTED BY ITS BRANCH MANAGER. 2. AUTHORISED OFFICER, THE DHANALAKSHMI BANK LTD., ZONAL OFFICE, DHANALAKSHMI BANK BUILDING, PUNKUNNAM, THRISSUR PIN 680 002. 3. MR.A.C.M.FAROOK, M/S.KASAVU COLLECTIONS, C.P.COMPLEX, CHAVAKKAD. PIN 680 506 BY ADV. SRI.C.K.KARUNAKARAN,SC,DHANALAKSHMI BAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------------- W.P.(C) No.2896 of 2008 ------------------------------------------- Dated this the 24th day of January, 2008 JUDGMENT Petitioner, who is facing proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, had filed a writ petition and obtained Ext.P2 judgment with instalment facilities. It is the admitted fact that the petitioner had not even paid the first instalment. Now the writ petition is filed praying for a direction to the bank for giving reduction in his liability. Since the bank has quantified the liability in terms of the agreement between the parties, this court will not be justified in compelling the Bank to reduce any amount that is due. In view of this, the reliefs sought for by the petitioner cannot be granted. 2. At this stage, the petitioner seeks a prayer that he may be allowed to pay the first instalment that may be payable in Ext.P2 judgment at least now. In view of the above, I direct that the amount payable as per Ext. P3 judgment on first January 2008 be paid along with the instalment payable in February WPC2896/2008 2 2008. That will be treated as sufficient compliance with the instalment facilities already granted. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE csl