IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 3207 of 2007(F) ------------------------- PETITIONER: --------------- SASIDHARAN, S/O.A.K.G. KURUP, AGED 50 YEARS, UMASHYALM, THEKKENADA, CHENGANNUR-689 121. BY ADV. SRI.A.D.RAVINDRA PRASAD RESPONDENTS: ------------------ 1. UNION BANK OF INDIA, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, REGIONAL OFFICE STATUTE, THIRUVANANTHAPURAM-695 001. 2. BRANCH MANAGER, UNION BANK OF INDIA, CHENGANNUR. 3. AUTHORISED OFFICER, UNION BANK OF INDIA, REGIONAL OFFICE, THIRUVANANTHAPURAM. BY ADV. SRI.A.S.P.KURUP, SC, UBI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2008,ALONG WITH WPC NO. 2492 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.3207/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF the NOTICE DATED 16.11.2006 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P2: TRUE COPY OF THE NOTICE DATED 20.1.07 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P3: TRUE COPY OF THE REQUEST DATED 29.1.07 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. ADDL.EXHIBITS ADDL.EXT.P4(a): TRUE COPY OF THE STATEMENT OF UNION BANK OF INDIA DATED 25.9.2007. ADDL. EXT.P4(b): TRUE COPY OF THE STATEMENT OF UNION BANK OF INDIA DATED 25.9.2007. ADDL.EXT.P4(c): TRUE COPY OF THE STATEMENT OF UNION BANK OF INDIA DATED 25.9.2007. ADDL.EXT.P4(d): TRUE COPY OF THE STATEMENT OF UNION BANK OF INDIA DATED 25.9.2007. ADDL.EXT.P5: TRUE COPY OF THE LETTER SUBMITTED TO THE BANK DT.18.12.07. ADDL.EXT.P6: TRUE COPY OF THE LETTER FROM THE BANK ROT:CRLD:400 DT.22.12.2007. ADDL.EXT.P7: TRUE COPY OF THE PAPER PUBLICATION OF the NOTICE FOR SALE IN MALAYALA MANORAMA DAILY DT.4.1.08. EXT.P8: TRUE COPY OF THE PAYMENT VOUCHER OF RS.20,00,000/- TO THE UNION BANK OF INDIA, CHENGANNUR DT.28.1.08. EXTS.OF R2 EXT.R2A: TRUE COPY OF THE LETTER DATED 26.12.2006 WRITTEN BY PETITIONER TO BANK. EXT.R2B: TRUE COPY OF LETTER DATED 25.3.2006 ISSUED BY THE BANK TO THE PETITIONER. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =================== W.P.(C) NOs. 3207 OF 2007 & 2492 OF 2008 ===================================== Dated this the 4 th day of February, 2008 J U D G M E N T WP(C) No.3207/07 Petitioner against whom securitisation proceedings have been initiated by the respondent Bank has filed this writ petition challenging the same. According to the statement filed by the petitioner, the amount due at present is Rs.65 lakhs, out of which the petitioner has in compliance with the order dated 25/1/2008 deposited an amount of Rs.20 lakhs and it is seen acknowledged by the Bank by their receipt dated 28/1/08. In view of this, what remains to be paid is nearly Rs.45 lakhs. The learned counsel for the writ petitioner submits that all that he prays now is for time to pay the amount due in three instalments. WPC 3207/07 & 2492/08 :2 : 2. I heard the counsel for the Bank also in this matter. 3. In the circumstances of the case, I feel that the request made by the counsel is quite reasonable and should be considered. Accordingly, I dispose of this writ petition directing that the balance that is due from the petitioner to the respondent Bank will be permitted to be paid by him in three equal monthly instalments, first of which will be payable in the 1st week of March, 2008 and the second and third instalments will be payable in the 1st week of April and May, 2008. Subject to payment as above, proceedings pursuant to Ext.P7 shall not be continued and in case any default is committed by the petitioner, Bank will be free to continue the action that it has already initiated, without any further notice. WP(C) No.2492/08 In view of the above judgment, nothing further arises for consideration in WP(C) 2492/08 where the prayer is only for WPC 3207/07 & 2492/08 :3 : appropriation of the excess amount, if any, available in the event sale materialises. Now that the sale has not materialised, this writ petition is only to be dismissed and I do so. ANTONY DOMINIC,JUDGE. Rp