IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 5821 of 2008(R) ------------------------- PETITIONER: ------------ LITTLE FLOWER, T.C.29/297, MRA-61, THENGAPPURA LANE, KAITHAMUKKU, THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA SMT.N.K.MAYA RESPONDENTS: ------------- THE ASSISTANT GENERAL MANAGER, SARC, STATE BANK OF INDIA, ZONAL OFFICE, L.M.S.COMPOUND, THIRUVANANTHAPURAM. BY ADV. SRI.K.K.CHANDRAN PILLAI, SC, SBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 5821 of 2008 ------------------------------------- Dated: February 27, 2008 JUDGMENT The petitioner, against whom proceedings have been initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, is challenging the proceedings. 2. When the writ petition was taken up for admission, the only relief that is pressed is one for instalment facility to discharge the liability. 3. I heard counsel for the bank who points out that as on 31.1.2008 the total liability was 8.38 lakhs and the entire proceedings has been completed and the sale is scheduled to take place. However, having regard to the fact that the petitioner is only making a limited request, I feel that instalment facility can be granted. 4. Accordingly I dispose of this writ petition directing that one-third of the amount that is due from the petitioner shall be remitted to the bank within two weeks from today. Subject to WP(C) 5821/08 Page numbers payment as above, further proceedings against the mortgage as such shall be deferred. I also direct that the balance amount that is due shall be paid by the petitioner in six equal monthly instalments. The first instalment will be payable on the 15th of April, 2008 and the subsequent instalments on the 15th of every succeeding month. Needless to say that if the petitioner commits default in paying any one of the instalments, the bank will be free to continue the action it has already taken without further notice. ANTONY DOMINIC, JUDGE mt/-