IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 12035 of 2009(Y) -------------------------- ( CMP.4639/2008 of C.J.M.,KOLLAM ) PETITIONER: --------------- SUHURA BEEVI, W/O.ADAM RAWTHER, MUKKOTTUMANNIL, PUTHENVEEDU, KANNANKARA, PUNNALA P.O., PUNALUR, KOLLAM. BY ADV. SMT.S.K.DEVI ADV. SRI.SANTHOSH P.ABRAHAM RESPONDENTS: --------------- 1. STATE BANK OF TRAVANCORE, REGION V, ZONAL OFFICE,THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF MANAGER, (ADVACNES). 2. S.ASOKAN, PUTHENVILA KIZHAKKATHIL, PUNNALA P.O., PUNALUR, KOLLAM-689 706. 3. Y.ASHA RANI, W/O.S.ASOKAN, CHANDRAMANGALATHU, PERUJOTTACKAL P.O., PAYYANAMON, KONNI,PATHANAMTHITTA. R1 BY ADV. MR. K.S. DILEEP, SC, SBT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12035 of 2009(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF SALE DEED. EXT.P2 : TRUE COPY OF SKETCH EXT.P3 : TRUE COPY OF ASSESSMENT ORDER DATED 18.12.2007. EXT.P4 : TRUE COPY OF LOCATION SKETCH. EXT.P5 : TRUE COPY OF POSSESSION CERTIFICATE. EXT.P6 : TRUE COPY OF AFFIDAVIT & PETITION. EXT.P7 : TRUE COPY OF CLAIM PETITION. EXT.P8 : TRUE COPY OF INTERIM REPORT. EXT.P9 : TRUE COPY OF NOTICE. /TRUE COPY/ P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 12035 OF 2009 ......................................................................... Dated this the 2nd June, 2009 J U D G M E N T Securitisation proceedings pursued by the Bank have been sought to be intercepted in the present Writ Petition, raising many a ground, including sustainability of the impugned proceedings on legal as well as factual grounds. The learned counsel for the petitioner submits that pursuant to the interim order passed by this Court on 08.04.2009, a sum of Rs.50,000/- was paid in April, 2009 and yet another sum of Rs.50,000/- was paid in the last month as well. It is further pointed out that the petitioner is bound to effect similar payments in view of the above interim order and will wipe out the entire liability accordingly. 2. Heard the learned counsel appearing on behalf of the respondent Bank as well. 3. Considering the facts and circumstances, the interim W.P.(C) No. 12035 OF 2009 2 order dated 08.04.2009 is made absolute and the petitioner will continue to effect further payments towards the outstanding liability by remitting a sum of Rs. 50,000/- on or before the last working day of every month. If any default is committed by the petitioner in remitting the payments as above, the respondent Bank will be at liberty to proceed against the petitioner, on the basis of the steps already taken, for realisation of the entire amount in a lump sum. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk