IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 20134 of 2011(N) -------------------------- PETITIONER(S): ----------------------- MUHAMMAD BASHEER M.A,AGED 50 YEARS, S/O.ABOOBAKER,MATTORKANTHOTTE HOUSE, THOTTAKKATTUKARA P.O.,ALUVA-683108 BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): ------------------------ THE AUTHORISED OFFICER, AND CHIEF MANAGER, SYNDICATE BANK, SHUNMUGAM ROAD, ERNAKULAM BY ADV. SRI.K.P.SUJESH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20134 of 2011(N) ------------------------------------ APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE POSSESSION NOTICE DATED 4.3.2011 EXT.P2. COPY OF THE PUBLICATION DT. 21.6.2011 IN THE NEW INDIAN EXPRESS NEWSPAPER ISSUED TO THE PETITIONER. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 20134 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 3rd day of August, 2011. J U D G M E N T The petitioner challenges proceedings under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 initiated by the respondents for recovery of loan amounts due from the petitioner as a surety for loan amounts granted to his son-in-law. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay the amounts in instalments. This is opposed by the counsel for the respondents . However, taking a lenient view, I dispose of this writ petition with a direction to the respondents to permit the petitioner to pay off the balance amounts due in 15 equal monthly instalments starting from 1.9.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalment amounts on due dates without default, coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of any one instalment, it would be open to the respondents to continue recovery proceedings without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/