IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 36749 of 2007(Y) ---------------------------------------- PETITIONER: ------------------- AJAYAN.B., NALLAVEETTIL PADEETTATHIL, PERINGALA P.O., KAYAMKULAM. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: ------------------------ 1. L.I.C. HOUSING FINANCE LTD., 2ND FLOOR, LEELA TOWERS, KESAVADASAPURAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. 2. AREA MANAGER, L.I.C.HOUSING FINANCE LTD., AREA OFFICE, LEELA TOWERS, KESAVADASAPURAM, THIRUVANANTHAPURAM, R1 & R2 BY ADV. SRI.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ========================= W.P.(C)NO. 36749 OF 2007 ========================= Dated this the 14th day of January 2008 JUDGMENT Petitioner is a defaulter to the first respondent, against whom proceedings have been taken under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Petitioner submits that on receipt of Ext.P3 notice issued under Section 13(4) of the Act, Ext.P4 objection has been filed by him. Though several contentions on the validity of the action taken against the petitioner have been raised, the only request that is pressed before me by the counsel for the petitioner is for an instalment facility to discharge the liability. 2. I heard the counsel for the first respondent also in this matter. 3. Having regard to the submissions that are made by both sides, I dispose of this writ petition directing that the petitioner will be permitted to pay the amount, that is due to the first respondent, in eight equal monthly instalments, commencing W.P.(C)36749/2007 2 from the first of February 2008 and subsequent instalments payable on the first of every succeeding month. Subject to payment as above, further proceedings against the petitioner shall be deferred and in case the petitioner commits default in any one of the instalments, respondents will be free to proceed without further notice to the petitioner. ANTONY DOMINIC, JUDGE css/ W.P.(C)36749/2007 3