IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(C).No. 31133 of 2008(F) ---------------------------------------- PETITIONER(S): ----------------------- S.P. CHANDRAKUMARI, D/O.SUBHADRAMMA, KUDAPPANAVILAKATHU VEEDU, MARUKIL, MALAYINKEEZHU, TRIVANDRUM. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): ------------------------- 1. THE KERALA STATE CO-OPERATIVE BANK LTD., OVER BRIDGE JUNCTION, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS SECRETARY. 2. THE AUTHORIZED OFFICER, KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE, OVER BRIDGE JUNCTION, THIRUVANANTHAPURAM- 695 001. BY ADV. MR.NAGARAJ NARAYANAN, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 31133 of 2008(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT NOTICE IN THE HINDU NEWSPAPER DATED 06/10/2008. EXT.P2: COPY OF THE SALE DEED DATED 24/12/2002. EXT.P2(a): COPY OF THE BASIC TAX RECEIPT. EXT.P3: COPY OF THE IDENTITY CARD. EXT.P4: COPY OF THE RATION CARD. EXT.P5: COPY OF THE RELEVANT PAGE OF THE VOTERS LIST. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 31133 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 15th day of July, 2011. J U D G M E N T The petitioner challenges proceedings initiated by the respondents under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security interest Act, 2002 for recovery of amounts due from the petitioner to the respondents towards repayment of loan amount taken by the petitioner. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks a facility to pay off the amounts in 3 instalments. This is opposed by the counsel for the respondents. 2. Having heard both sides, I dispose of this writ petition with the following directions: The respondents shall permit the petitioner to pay off the balance amounts due in 3 equal monthly instalments starting from 1.9.2011. Every subsequent instalment shall be paid on the first working day of succeeding month. If the petitioner pays the amount without default, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in complying with the above directions or in paying any one instalment, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/