IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 24514 of 2009(H) -------------------------- PETITIONER: --------------- ABDUL MAJEED.C., S/O.ERAMULLANKUTTY, RASSAL MAHAL, VALAVUPALAM, IRIKKUR, KANNUR DISTRICT. BY ADV. SMT.M.R.JAYALATHA RESPONDENTS: --------------- 1. VIJAYA BANK REP.BY ITS BRANCH MANAGER, TALIPARAMBA, KANNUR DISTRICT. 2. SPL.DEPUTY TAHASILDAR (R.R.), TALIPARAMBA. 3. VILLAGE OFFICER, IRIKKUR, KANNUR DISTRICT. R1 BY ADV. SHRI K. ANAND, SC. BY SR. GOVERNMENT PLEADER ADV. MR. P.K. BABU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 24514 OF 2009 ......................................................................... Dated this the 28th , August, 2009 J U D G M E N T The petitioner, a document writer, has approached this Court challenging the steps taken by the respondent Bank resorting to the provisions under the SARFAESI Act when the petitioner turned to be a defaulter, leading to declaration of the account as 'NPA'. 2. The case of the petitioner is that he had availed a car loan of Rs. 1.8 lakhs from the respondent Bank , but repayment could not be effected on time, as scheduled, because of some adverse circumstances. The learned Counsel for the petitioner submits that immediate alternate arrangements are being made to wipe out the liability and that the same will be cleared if some breathing time is given. 3. Heard the learned Standing Counsel for the respondent Bank. W.P.(C) No. 24514 OF 2009 2 4. Considering the facts and circumstances, the petitioner is permitted to clear the liability by way of 'five' equal monthly installments, the first of which shall be paid on or before 15.09.2009; to be followed by the remaining installments to be effected on or before the 15th of the succeeding months. Subject to the above, all further recovery proceedings pursuant to Exts.P1 and P2 shall be kept in abeyance. It is made clear that if any default is committed in clearing the liability as above, the respondent Bank will be at liberty to proceed with further steps from the stage where it stands now, for realisation of the entire amount in a lump sum. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk