IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 167 of 2008(T) ------------------------ CMP.7810/2007 of C.J.M.,MANJERI .................... PETITIONER: ------------ MUHAMED.M., S/O.KUTTY AHAMED, "THUSHARA", MULLAMPARA, THURAKKAL ROAD, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ------------- VIJAYA BANK, BRANCH MANJERI, P.O.MANJERI, MALAPPURAM DISTRICT, REPRESENTED BY ITS PRINCIPAL OFFICER AND MANAGER, SHRI.M.MANOHAR, S/O.K.P.MOTILAL. BY ADV. SRI.B.S.KRISHNAN (SR.) SRI.K.ANAND,SC, VIJAYA BANK SMT.LATHA KRISHNAN,SC, VIJAYA BANK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC167/2008 APPENDIX PETITIONERS EXHIBITS: EXT.P1: COPY OF THE POSSESSION NOTICE ISSUED TO THE PETITIONER DATED 13.2.2007. EXT.P2: COPY OF THE ORDER OF THE CHIEF JUDICIAL MAGISTRATE COURT, MANJERI DATED 10.7.2007. /TRUE COPY/ P.A. TO JUDGE ANTONY DOMINIC, J. ------------------------------------------- W.P.(C) No.167 of 2008 ------------------------------------------- Dated this the 21st day of January, 2008 JUDGMENT The proceedings under challenge are initiated against the petitioner for realisation of the amounts due to the respondent bank. It is seen from Ext. P2 that the respondent has also obtained the order under Section 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. 2. Now the petitioner has only prayed instalment facility to discharge the liability. It is also submitted that in terms of the order dated 2.1.2008, the petitioner has deposited Rs.1.5 lakhs and the counsel submits that such deposit was made on 14.1.2008. If that be so, it is only proper to consider the request of the petitioner for instalment facility. 3. Accordingly, I dispose of this writ petition directing that the petitioner shall deposit the balance amount i.e., due to the respondent bank in three equal monthly instalments. The instalments will be payable in the first week of February, March WPC167/2008 2 and April 2008. Needless to say that if default is committed in paying the amount as above, it will be open to the bank to take further action pursuant to Ext.P2 order passed under Section 14 of the Act. In order to enable the petitioner to commence payment, the bank shall furnish a statement of accounts to the petitioner within ten days from today. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE csl