IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 24070 of 2011(G) -------------------------- PETITIONER(S): --------------- VINEESH P.R., S/O.RAVEENDRA DAS, AGED 29 YEARS, RESIDING AT PARAYANKADU HOUSE, KIZHAKKUMPURAM POST, MANNOOR, PALAKKAD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): --------------- 1. THE STATE BANK OF INDIA, MANKARA BRANCH REPRESENTED BY ITS MANAGER, MANKARA BRANCH, POST BAG NO.1, 3/593, VELLA ROAD, PALAKKAD DISTRICT. PIN - 678 642. 2. THE AUTHORIZED OFFICER, THE STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, PALAKKAD, PALAKKAD DISTRICT. PIN - 678 025. ADV.P.V.SURENDRANATH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 24070/2011 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE NOTICE DTD.14.3.2011 ISSUED BY R2. P2. COPY OF THE PETITION DTD.5.4.2011 BEFORE R1. P3. COPY OF THE UNDERTAKING GIVEN BY THE FATHER OF THE PETITIONER AND THE PETITIONER BEFORE R1. P4. COPY OF THE RECEIPT ISSUED BY R1. P5. COPY OF THE RECEIPT DTD.20.7.11 BY R1. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 24070 of 2011 ================== Dated this the 5th day of September, 2011 J U D G M E N T Amounts are due from the petitioner to the respondents towards repayment of loan amounts. The petitioner's grievance in this writ petition is that allegedly a recovery agent is threatening the petitioner on behalf of the bank for payment of the amounts due. The petitioner submits that the petitioner is prepared to pay the balance amounts due in instalments insofar as the petitioner has already paid ` 3 lakhs. 2. The bank would contend that the allegation that the bank employs recovery agent is not correct. They also submit that they have only initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 3. Having heard both sides, I dispose of this writ petition with a direction to the respondents to permit the petitioner to pay the balance amounts due in eight equal monthly instalments starting from 1.10.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on the due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner w.p.c.24070/11 2 commits default in payment of any 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. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge