IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 WP(C).No. 14001 of 2008(P) ---------------------------------------- PETITIONER: --------------------- V.V.MOHAMMED, S/O.P.KALANTHER, AGED 55 YEARS, "VEEVEES", NEAR COURT, THALASSERY - 673 001. BY ADV. SRI.CIBI THOMAS RESPONDENTS: ------------------------ 1. VIJAYA BANK, REP. BY ITS BRANCH MANAGER, CHALAPURAM, CALICUT - 673 002. 2. THE AUTHORISED OFFICER & CHIEF MANAGER, VIJAYA BANK REGIONAL OFFICE, IST FLOOR, JOS ANNE, JOS JN. M.G.ROAD, ERNAKULAM. 3. THE VILLAGE OFFICER, PANOOR VILLAGE, PANOOR, KANNUR DISTRICT. BY SRI. K.ANAND, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No.14001 of 2008 -------------------------- Dated this the 2nd May, 2008 J U D G M E N T Though the petitioner has challenged Exhibit-P2 notice issued under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, learned counsel for the petitioner submits that petitioner only prays for time to pay the amount due to the Bank in easy instalments. 2. I heard learned counsel for the Respondent Bank. Counsel for the respondent Bank submits that if the petitioner pays the amount due without dispute, within three instalments then the Bank is willing to accept the same in full and final settlement of the claim made by the petitioner. Submission is recorded. Learned counsel for the petitioner agrees to this course of action. In the result, the writ petition is disposed of permitting the petitioner to pay the amount due to the respondent Bank in three equal monthly instalments commecning from 1st of June, 2008. If there is default in any of the instalments, the said facility shall W.P ( C) No.14001 of 2008 2 stand withdrawn and it will be open to the Bank to proceed further, in accordance with law. Further proceedings pursuant to Exhibit-P2 shall be kept in abeyance for a period of four months from today. But it is made clear that if there is default in payment of any of the instalments, then it will be open to the Bank to proceed further in pursuance of Exhibit-P2. (V.GIRI, JUDGE) ma W.P ( C) No.14001 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007 W.P ( C) No.14001 of 2008 2 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.