IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 2069 of 2011(G) -------------------------------- PETITIONER(S): ------------------- KABEER ISMAIL, AGED 50 YEARS, S/O.A.B.M.ISMAIL, DAR-UL-ZAHA, SOUTH OF VELLAKINAR, STADIUM WARD, ALAPPUZHA. BY ADVS. SRI.C.A.CHACKO SRI.N.A.SHAFEEK SRI.M.S.UNNIKRISHNAN (OASIS) RESPONDENT(S): --------------------- 1. THE AUTHORIZED OFFICER, (CHIEF MANAGER (ADVANCES), STATE BANK OF TRAVANCORE, ZONAL OFFICE, PANAMPILLY NAGAR, KOCHI-682 036. 2. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, RAMANKARY BRANCH, ALAPPUZHA DISTRICT-688 001. 3. THE DEPUTY TAHSILDAR (RR), AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT-688 561. R1 & 2 BY ADV. SRI.SATHISH NINAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.2069 of 2011-G ---------------------------------------- Dated this the 3rd day of March, 2011. J U D G M E N T Consequent to default committed in repayment of a cash credit facility availed by the petitioner from respondents 1 and 2, various proceedings for realisation was initiated. The Bank had filed a civil suit as evidenced from Ext.P1. The proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) was also initiated on issuing Ext.P3 notice under Section 13(2). Apart from the above proceedings, steps under the Kerala Revenue Recovery Act was also resorted to and Ext.P2 demand notice was issued by the 3rd respondent requiring payment of a sum of Rs.6,79,645/-. 2. According to the petitioner, the simultaneous proceedings being pursued is unsustainable. Further it is contended that such steps are taken without considering the request made by the petitioner to permit to pay off the liability in a phased manner, within a reasonable time. 3. Considering the alternative remedy available, this W.P(C) No.2069 of 2011-G 2 Court was not inclined to entertain the writ petition. On the submission of learned counsel for the petitioner expressing willingness to pay off the liability, an interim order was issued on 21.1.2011, staying further recovery steps, subject to condition of the petitioner remitting a sum of Rs.1 lakh. Subsequently the period for payment was extended till 28.2.2011. It is reported that the amount has already been paid. 4. Learned counsel for the petitioner submits that the petitioner is not intending to pursue any challenges against the recovery steps. On the other hand he is ready to pay off the liability provided the Bank considers his request for waiver of interest/penal interest and expenses to the possible extent. The petitioner also seeks a period of one year for effecting payment of the entire balance in instalments. 5. Heard; counsel appearing for respondents 1 and 2. Having considered the facts and circumstances as narrated above, I am of the view that eventhough interference on merits is not justified, the petitioner can be permitted to pay off the entire liability in a phased manner, within a reasonable time. 6. Accordingly, the respondents are directed to keep in W.P(C) No.2069 of 2011-G 3 abeyance all further steps of recovery, subject to condition of the petitioner remitting the entire outstanding balance along with interest and expenses if any due, in 10(ten) equal monthly instalments, falling due on or before 31.3.2011 and on or before the last day of succeeding months. 7. It is left open to the petitioner to approach respondents 1 and 2 seeking waiver of interest/penal interest and expenses to the possible extent and on such event the request will be considered despite the directions issued as above. 8. It is made clear that on the event of default in payment of any one of the instalments, the respondents will be free to proceed with further steps. It is made clear that the above relief is granted subject to the condition that the petitioners are precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM, JUDGE ab W.P(C) No.2069 of 2011-G 4