IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 37416 of 2008(D) -------------------------- PETITIONER(S): ------------------------ V.C.MOHAMMED KOYA THANGAL, S/O. ATTAKKOYA THANGAL, V.C.HOUSE, P.O.NEDUVA, PARAPPANANGADI, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENT(S): ---------------------------- 1. THE MANAGER, STATE BANK OF INDIA, PARAPPANANGADI BRANCH, PARAPPANANGADI. 2. THE AUTHORISED OFFICER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, 1ST FLOOR, SOUTHERN TRADE TOWER, FRANCIS ROAD, KOZHIKODE. BY SRI.JAYAKUMAR - STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH W.A.NO.64/09 ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.P.(C)No.37416 of 2008 & W.A.No.No.64 of 2009 ------------------------- Dated this the 13th day of January, 2009. JUDGMENT KOSHY, Ag.C.J. The petitioner/appellant took a housing loan from the 1st respondent bank. Since the full amount was not paid in time, notice under Section 13(2) of the SARFAESI Act was issued by the 2nd respondent Authorised Officer. Thereafter, action was taken under Exts.P4 and P5. It is submitted by the petitioner/appellant that he will pay the amount in instalments, instead of selling the property. 2. In the above circumstances, if the entire balance amount is paid in six equal monthly instalments, no further action shall be taken. The first instalment should start from 31.01.2009. If there is any default in payment of any of the instalments, the proceedings can be continued and no further time will be granted. Both the writ petition and the writ appeal are disposed of. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy//