IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WA.No. 732 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.5205/2009 Dated 17/02/2009 .................... APPELLANT(S): PETITIONER ------------------------------- K.SADANANDAN, PROPRIETOR,M/S.SUN I.T. SHOPPE, SREE NILAYAM, SANGHEETHA ROAD, PERINTHALMANNA. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. SOUTH INDIAN BANK,REPRESENTED BY ITS MANAGER,PERINTHALMANNA BRANCH. 2. THE AUTHORIZED OFFICER,SOUTH INDIAN BANK, REGIONAL OFFICE, KOZHIKODE. ADV. SRI.GEORGE VARGHESE,SC,SOUTH INDIAN BANK. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.732 of 2009 ---------------------------------------------- Dated 26th March, 2009. J U D G M E N T Kurian Joseph, J. Appellant is the petitioner in the writ petition. He is aggrieved by the recovery steps initiated by the first respondent Bank. All that the petitioner seeks is a facility to pay the dues in a few instalments. The learned Single Judge dismissed the writ petition relegating the petitioner to pursue his remedy under Section 17 of the SARFAESI Act. Learned counsel for the appellant/petitioner submits that the petitioner may be given an opportunity to approach the Bank itself showing his readiness and willingness to pay the dues in five instalments. After having heard the learned counsel appearing for the Bank, we are of the view that it will be in the interests of the Bank also to consider that request, since without taking recourse to any other remedies, the Bank will be getting its dues. Therefore, we dispose of the Writ Appeal directing the appellant/petitioner to remit an amount of Rs.50,000/- on or before 30.3.2009 before the first respondent and make an appropriate representation seeking the facility of repayment of the dues in five instalments, in which WA NO.732/09 2 case, the same will be duly considered by the first respondent, before taking recourse to further remedies. We make it clear that in case the amount as above is not remitted, it will be open to the Bank to proceed with the recovery. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.732 of 2009 ---------------------------------------------- J U D G M E N T Dated 26th March, 2009.