IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 3633 of 2010(D) ------------------------- CMP.4077/2009 of C.J.M.,TRIVANDRUM .................... PETITIONERS: --------------- 1. VIJAYAKUMAR, DEPUTY SUPERINTENDENT OF POLICE M-16 POLICE QUARTERS, VIKAS BHAVAN, THIRUVANANTHAPURAM - 33. 2. SHEELA, M-16, -DO- -DO- BY ADV. SRI.J.ROBINSON SRI.R.T.PRADEEP RESPONDENTS: ----------------- 1. THE AUTHORISED OFFICER, ASSISTANT GENERAL MANAGER, STATE BANK OF TRAVANCORE, NEW ADMINISTRATIVE COMPLEX BRANCH, POOJAPPURA, THIRUVANANTHAPURAM. 2. THE SENIOR MANAGER, STATE BANK OF TRAVANCORE, POOJAPPURA BRANCH. BY ADV. SRI. R.S. KALKURA, SC, SBT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Ramachandra Menon, J. ------------------------------------------ W.P.(C) No.3633 of 2010 ------------------------------------------ Dated this the 2nd day of March, 2010 JUDGMENT The condition imposed by this Court while passing the interim order on 3.2.2010 for intercepting the steps taken by the respondent Bank invoking the machinery under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has not been complied with in toto. 2. Learned counsel for the petitioners submits that the petitioners have deposited a sum of Rs.85,000/- to prove their bona fides and that earnest efforts are being made to raise the balance amount as well. It is further submitted that the first petitioner was laid up with some serious ailments as revealed from Ext.P1 series of medical certificates and further that the petitioners are ready and willing to clear the entire outstanding W.P.(C) No.3633 of 2010 - 2 - liability by way of some reasonable instalments. 3. Learned counsel for the respondent Bank very fairly submitted that even though the petitioners do not deserve any sympathy, having regard to the entire facts and circumstances, some leniency can be extended, which is found appropriate by this Court as well, and more so, in view of the fact that the condition imposed by this Court was only to deposit a sum of Rupees one lakh while the petitioner has effected payment of a sum of Rs.85,000/-. 4. Taking note of the submission made by the learned counsel for the respondent Bank that the outstanding liability as on date after giving credit to the amount of Rs.85,000/- remitted by the petitioners will come to around Rupees three lakhs, the petitioners are directed to clear the same by way of five equal monthly instalments, first of which shall be effected on or before 30th of this month to be followed by similar instalments to be effected on or before 30th of the succeeding months. Subject to W.P.(C) No.3633 of 2010 - 3 - this, all further proceedings pursuant to Ext.P4 shall be kept in abeyance. It is also made clear that if any default is committed in clearing the liability as above, the Bank will be at liberty to recover the entire amount in lumpsum. Writ petition is disposed of accordingly. P.R.Ramachandra Menon, Judge vns