IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 34992 of 2011(Y) -------------------------------------- PETITIONER(S): --------------------- JOBY, AGED 35 YEARS, W/O. P.C.AUGUSTY, PULLUMATTATHIL HOUSE, VALIYAPARAMBUKARI, KOOMANTHODE POST, PAYAM, KANNUR DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): ------------------------- 1. THE KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS REGIONAL MANAGER, KOZHIKODE REGIONAL OFFICE, M.M.ALI ROAD, KANNUR-673 002. 2. THE BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., KANNUR BRANCH, KANNUR, PIN-670 001. 3. KUTTARAPPALLIL MATHEW, S/O. PAUL, ANGADIKADAVU, KILIYANTHARA, KANNUR-670 001. BY ADV. SRI. NAGARAJ NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD WPC NO. 34992/2011 APPENDIX PETITINER'S EXHIBITS P1 COPY OF THE TREATMENT CERTIFICATE ISSUED BY THE Dr. DHANYA, MEDICAL OFFICER AKG COOPERATIVE HOSPITAL, KANNUR DATED 14.01.2011 P2 COPY OF THE SALE NOTICE DATED 13.12.2010 ISSUED BY THE 1ST RESPONDENT P3 COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 24.10.2011 RESPONDENT'S EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD S.SIRI JAGAN, J. ================== W.P.(C).No. 34992 of 2011 ================== Dated this the 23rd day of December, 2011 J U D G M E N T The petitioner challenges proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, initiated by respondents 1 and 2 for recovery of loan amounts defaulted by the petitioner's husband. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the amounts due in instalments. 2. This is opposed by the learned counsel for the bank. 3. However, taking a lenient view, I dispose of this writ petition with the following directions; The petitioner shall pay the balance amounts due in ten equal monthly instalments starting from 16.1.2012. Every subsequent instalment shall be paid on the first working day after 15th of every succeeding month. If the petitioner pays the instalments on the due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of any of the instalments, it would be open to respondents 1 and 2 to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge - : 2 :-