IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 33593 of 2011(Y) -------------------------- PETITIONER: ----------------- YAHULIA BEEVI, NAJU LAND, KANVASRAMAM, SREENIVASAPURAM P.O, VARKALA, THIRUVANANTHAPURAM. BY ADV. SRI.R.GOPAN RESPONDENT(S): ------------------------ 1. THE BRANCH MANAGER, STATE BANK OF INDIA, VARKALA BRANCH, SHAMS BUILDING, OPP. RAILWAY STATION, BRNACH CODE 07845 PIN-695 001 2. THE AUTHORISED OFFICER, ASSISTANT GENERAL MANAGER, RACPC BRANCH, STATE BANK OF INDIA, LMS COMPOUND, THIRUVANANTHAPURAM PIN – 695 001 R1 AND R2 BY ADV. SRI.R.S.KALKURA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STK WP(C).No. 33593/2011 APPENDIX PETITIONER(S) EXHIBITS: P1: COPY OF POSSESSION NOTICE DTD. 27.08.2011 ISSUED BY THE STATE BANK OF INDIA. P2: COPY OF THE ORDER DTD. 28.09.2011 IN M.C.NO. 631/2011 OF THE COURT OF THE CHIEF JUDICIAL MAGISTRATE,THIRUVANANTHAPURAM. P3: COPY OF THE RECEIPTS DTD. 16.09.2011 AND 22.09.2011 ISSUED BY THE RESPONDENT BANK. P4: COPY OF HTE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P A TO JUDGE STK S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.33593 of 2011 ---------------------------------------------- Dated this the 15th day of December, 2011 JUDGMENT The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act initiated by the respondents for recovery of the loan amounts due from the petitioner to the respondents. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the amounts due in instalments. 2. This is opposed by the learned counsel for the bank. However, taking a lenient view, I dispose of this writ petition with the following directions: The respondents shall permit the petitioner to pay off the balance amount due in ten equal monthly instalments starting from 1.2.2012. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if W.P.(C)No.33593/11 2 the petitioner commits default in payment of any one of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE acd W.P.(C)No.33593/11 3