IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 8110 of 2008(M) ------------------------- PETITIONER: --------------- K.SREEKANTH, WHITE HOUSE, THANNIVILA, VEDIVACHANCOIL P.O., PALLICHAL, THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS: ------------------ 1. STATE BANK OF INDIA, ZONAL OFFICE, LMS COMPOUND, THIRUVANANTHAPURAM 695033, REPRESENTED BY ITS AUTHORISED OFFICER. 2. S.S.DEEPA, W/O.S.VIJAYAKUMAR, SIVA BHAVAN, KACHANI SCHOOL JUNCTION, KARAKULAM P.O., THIRUVANANTHAPURAM. 3. T.R.VALSALA, D/O.ROSILI, PANANKALA VEEDU, KANJAMPAZHANJI, POOVAR, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.SURENDRANATH, SC FOR SBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 8110 OF 2008 M ==================== Dated this the 7th day of April, 2008 J U D G M E N T In this writ petition though the challenge is against Ext.P1 notice under Section 13(2) is premature, what is sought for by the petitioner is only an instalment facility to discharge the debt that is due. 2. I heard the standing counsel for the respondent Bank also. 3. Having regard to the submissions made, this writ petition is disposed of directing that subject to payment of 1/3rd of the amount due to the respondent Bank before 30th of April, 2008, further proceedings pursuant to Ext.P1 will be kept in abeyance. It is also directed that the balance dues will be permitted to be paid by the petitioner in three equal monthly instalments, first of which will be payable on or before 25th of May, 2008 and the balance on or before 25th of June and July, 2008. It is clarified that in case default is committed, it is open for the Bank to continue the proceedings, without further notice to the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp