IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 7087 of 2010(Y) ------------------------- PETITIONER: --------------- JOSE PAUL , S/O.PAULOSE, AGED 46 YEARS, KODIYAMPARAYIL HOUSE, KALLARKUTTY .PO,ADIMALI, IDUKKI DISTRICT. BY ADV. SRI.S.JIJI RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, PAINAVU, IDUKKI. 2. THE BRANCH MANAGER, INDUSIND BANK LTD, CHAMATHARAYIL BUILDING, KATTAPPANA, IDUKKI DISTRICT. 3. THE AUTHORIZED OFFICER, INDUSIND BANK LTD, SHALON TOWERS, 34/138D BY6E PASS NORTH END, EDAPPALLY, KOCHI-24. R1 BY GOVERNMENT PLEADER ADV. BIJOY CHANDRAN. R2 AND R3 BY ADV. SRI.G.HARIHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 7087 OF 2010 ......................................................................... Dated this the 30th March, 2010 J U D G M E N T The petitioner has approached this Court challenging the steps taken by the respondent Bank invoking the machinery under SARFAESI Act for realisation of the amount stated as due from the petitioner . Many a ground has been raised in the Writ Petition, both on factual as well as legal aspects. 2. The learned Counsel for the respondent Bank submits with reference to the statement filed that the averments and allegations raised in the Writ Petition are devoid of any merit at all. It is also stated that, because of the failure on the part of the petitioner, the vehicle was already taken possession through the appropriate authorities and that the respondents are ready and willing to release the vehicle, if the petitioner satisfies the entire outstanding liability, as mentioned in Ext. R3(a) statement along with future interest and other incidental. W.P.(C) No. 7087 OF 2010 2 expenses . 3. The learned Counsel for the petitioner submits that the default was never wilful but because of some unforeseen circumstances, however adding that the petitioner is ready and willing to clear the entire outstanding liability provided some breathing time is given. 4. Taking note of the entire outstanding liability as on date as nearly Rs.1,24,000/-, the petitioner is permitted to clear the same by way of 'five' equal monthly installments, the first of which shall be paid on or before '10.04.2010', to be followed by similar installments to be effected on or before the 10th of the succeeding months . On clearing the entire arrears as above, the vehicle shall be released to the petitioner forthwith. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk