IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.CHITAMBARESH TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 WP(C).No. 35183 of 2011(W) -------------------------- PETITIONER(S): --------------- 1. BHASKARAN, S/O. KOCHAPPAN, AGED 60 YEARS MULAKKAL HOUSE, VARANDARAPILLY DESOM, VARANDARAPILLY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. ANUROOP, S/O. BHASKARAN, MULAKKAL HOUSE, VARANDARAPILLY DESOM, VARANDARAPILLY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): --------------- THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD. PUDUKAD BRANCH, THRISSUR DISTRICT - 680 001 REPRESENTED BY ITS SECRETARY/MANAGER. GOVERNMENT PLEADER SRI. NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 35183 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 : A TRUE COPY OF THE NOTICE DATED 09.12.2010. EXHIBIT P2 : A TRUE COPY OF THE RELEVANT PAGES OF THE PASS BOOK. EXHIBIT P3 : A TRUE COPY OF THE NOTICE MEMO ISSUED BY THE ADVOCATE COMMISSIONER DATED 21.12.2011. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P.S. TO JUDGE. ncd V.CHITAMBARESH, J. ------------------------------- W.P.(C) No.35183 of 2011 ------------------------------- Dated this the 27th day of December, 2011 J U D G M E N T The petitioners challenge Ext.P3 notice issued by the Advocate Commissioner pursuant to the proceedings of the Chief Judicial Magistrate under the SARFAESI Act. The standing counsel for the respondent- bank submits that the sum of Rs.3,50,000/- with interest is due from the petitioners as on this date and that the first petitioner is a chronic defaulter. However, taking note of the fact that the petitioners are eager to wipe off the arrears in instalments, the writ petition is disposed of with the following directions:- i) The petitioners shall deposit a sum of Rs.1,00,000 (Rupees One Lakh only) on or before 31.12.2011. ii) The respondent-bank shall issue notice to the petitioners intimating about the exact amount due as on 31.12.2011. iii) The petitioners are permitted to wipe off the arrears in six monthly instalments starting from W.P.(C) No.35183 of 2011 2 31.1.2012. iv) If any of the instalments are defaulted, the respondent-bank is free to resort to coercive proceedings. v) The coercive proceedings pursuant to Ext.P3 shall be kept in abeyance if the conditions are complied with. V.CHITAMBARESH, Judge. nj. V.CHITAMBARESH, J. -------------------------------------- W.P.(C) No. 35183 of 2011 JUDGMENT Dated:- 27th December, 2011 --------------------------------------