IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WA.No. 884 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5781/2011 Dated 10/03/2011 .................... APPELLANT(S)/WRIT PETITIONER :- --------------------------------------------------- TIJU T.THOMAS,S/O.THOMAS,THAKADIYEL VADAKKETHIL HOUSE,S.N.PURAM POST,KUROPPARA VILLAGE KOTTAYAM DISTRICT,REP.BY HIS POWER OF ATTORNEY HOLDER SRI.T.T.THOMAS, S/.THOMAS THOMAS, THAKADIYEL VADAKETHIL HOUSE, S.N.PURAM POST, KUROPPARA VILLAGE, KOTTAYAM DISTRICT. BY ADV. SMT.E.V.MOLY RESPONDENT(S)/RESPONDENTS :- ----------------------------------------------- 1. STATE BANK OF MYSORE,REP.BY ITS BRANCH MANAGER,KOTTAYAM BRANCH,VETTEEL ESTATE,KANJIKUZHI, KOTTAYAM - 686 001. 2. THE AUTHORISED OFFICER,STATE BANK OF MYSORE,KOTTAYAM BRANCH,VETTEEL ESTATE,KANJIKUZHI, KOTTAYAM - 686 001. ADV.SMT.A.SREEKALA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt W.A.No.884 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure A1 :- Power of Attorney. Annexure A2 :- Memorandums of writ petition No.5781/2011 with all exhibits. Annexure A3 :- Series of copies of the judgments in WPC Nos.13690/2011, 23425/2010, 17129/2010, 37808/2010 and 36246/2010 of this Hon'ble Court. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. ----------------------------------------- W.A. No.884 of 2011 ---------------------------- Dated this the 3rd day of August 2011 J U D G M E N T Ramachandran Nair, J. Heard the counsel for the appellant and Standing Counsel appearing for the respondent Bank. Pursuant to the direction, the bank has furnished a statement which shows that after the Single Judge judgment, the appellant has paid `1.8 lakhs in one loan account leaving a balance of `2,94,210/-. Similarly in the other loan account, appellant has paid `1,17,072/- leaving a balance of `7,928/- only. The counsel for the appellant submitted that payment made towards two loans after the judgment of the learned Single Judge was `3.35 lakhs and not `2.97 lakhs as stated by the bank in their statement. We do not think we should consider the controversy because the bank itself can verify W.A. No.884 of 2011 -: 2 :- payments and give full credit for the actual amount paid on production of the receipts by the appellant. If the appellant wants the bank should allow him to verify the loan account to satisfy whether full amounts are credited towards the loan accounts. 2. The appellant's prayer is for regularising the loan account. However, the Standing Counsel for the bank submitted that unless instalment arrears are fully paid up, the appellant should not be given the facility to avail the instalment facility. Counsel appearing for the appellant has given undertaking in Court stating that accrued arrears of instalment and interest thereon will be paid in 6 equal monthly instalments and along with it the appellant will pay the regular instalments without default. 3. We allow this writ appeal recording the undertaking and direct the bank to permit the appellant to clear the arrears in terms of the instalment scheme if accrued arrears of instalments and interest thereon are W.A. No.884 of 2011 -: 3 :- paid in six (6) equal monthly instalments and along with it regular instalments are paid without any default. If a single default is committed, there will be a direction to the appellant to handover the property to the Bank for sale in auction and the bank will be free to proceed against the appellant under the SARFAESI Act. The appeal stands allowed by modifying the judgment of the Single Judge as above. First instalment of both arrears and regular instalment will be paid on or before 8.9.2011, and the following instalments will be paid without default on or before 8th of the succeeding months. C.N.RAMACHANDRAN NAIR, JUDGE. P.S.GOPINATHAN, JUDGE. Jvt