IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 12695 of 2010(J) -------------------------- PETITIONER: --------------- SHARMILA S.,ANIL BHAVAN, MAYMALA KIZHAKKEKARA, KOTTUKAL, PUNNAKULAM, BALARAMAPURAM.NOW RESIDING AT ANU BHAVAN, ATTUMANNADI,KATTARAVATTOM,KUDAYAL P.O., TRIVANDRUM. BY ADV. SMT.VIJAYAKUMARI RESPONDENTS: --------------- 1. TRIVANDRUM DISTRICT CO-OPERATIVE BANK, REPRESENTED BY ITS MANAGER, MORNING & EVENING BRANCH,NEYYATTINKARA, 2. AUTHORISED OFFICER, TRIVANDRUM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, EAST FORT,TRIVANDRUM. BY ADV. MR. K.G. RADHAKRISHNAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 12695 OF 2010 ......................................................................... Dated this the 9th April, 2010 J U D G M E N T The petitioner had availed a consumer loan of Rs. 90,000/- from the respondent Bank in the year 2004, but repayment could not be effected in time, which made the respondents to proceed with further steps invoking the machinery under the SARFAESI Act, which is under challenge. 2. The learned Counsel for the petitioner submits that the default was never wilful and that the petitioner is ready and willing to clear the entire liability, provided some breathing time is given in this regard. 3. Heard the learned Standing Counsel for the respondent Bank as well. 4. Considering the facts and circumstances, the petitioner is directed to clear the entire liability by way of 'two' equal monthly installments, the first of which shall be effected on or W.P.(C) No. 12695 OF 2010 2 before 10.05.2010, to be followed by the next installment to be effected on or before the 10th of the succeeding month. Subject to the above, the coercive steps stated as being pursued against the petitioner shall be kept in abeyance. It is made clear that, if any default is committed by the petitioner in effect the installments, as mentioned above, the respondent Bank will be at liberty to proceed with further steps for realisation of the entire amount in a lump sum, from the stage where it stands now. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk