IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 33160 of 2011(T) ---------------------------------------- PETITIONER(S): ------------------------ T.APPUKUTTAN,AGED 52 YEARS, THANGAPPAN,SANTHI NILAYAM,PATTOLI MARKET, KAYAMKULAM,ALAPPUZHA-31. BY ADV. SMT.P.K.RADHIKA RESPONDENT(S): --------------------------- 1. THE MANAGER,SYNDICATE BANK,KAYAMKULAM BRANCH,KAYAMKULAM 690 502. 2. THE DEPUTY TAHSILDAR,(REVENUE RECOVERY) KARTHIKAPALLY TALUK,HARIPAD - 690 503. 3. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT - 690 501. R1 BY ADV. SRI. R.S. KALKURA, SC, SYNDICATE BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33160/2011 T APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.1803/2002 OF KEERIKADU SRO. EXHIBIT P2 A TRUE COPY OF THE CASE SUMMARY ISSUED BY THE DIRECTOR OF DIGESTIVE DISEASE CENTRE OF PVS MEMORIAL HOSPITAL , ERNAKULAM. EXHIBIT P3 A TRUE COPY OF THE MEDICAL CHECK-UP REPORTS ISSUED FROM AMRITA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE,ERNAKULAM. EXHIBIT P4 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2N D RESPONDENT DATED 9/11/2011. EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED 9.11.2011 SERVED ON THE PETITIONER UNDER SECTION 34 OF THE ACT. EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER OF KERALA,DATED 23/11/2011. EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION NO.9522/RR/2011 /MR , DATED 23/11/2011 ISSUED TO THE PETITIONER. EXHIBIT P8 A TRUE COPY OF THE SALE AGREEMENT DATED 29/11/2011 EXECUTED BETWEEN THE PETITIONER AND SRI.K.V.RAM KUMAR. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 33160 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13th day of December, 2011. J U D G M E N T The petitioner is challenging proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 initiated by the respondents for recovery of defaulted loan amounts. The petitioner does not dispute the liability or quantum. The petitioner only seeks a facility to pay the amounts in instalments. This is opposed by the counsel for the bank. However, taking a lenient view, I dispose of this writ petition with the following directions: The petitioner shall pay the amounts demanded in ten equal monthly instalments starting from 2.1.2012. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the amounts on the due dates without default, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in complying with the above directions or in paying any one instalment, 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/- S. Siri Jagan, Judge. Tds/