IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 23204 of 2008(K) -------------------------- CMP.1130/2008 of C.J.M.,TRIVANDRUM .................... PETITIONER: ------------ S.BIJUKUMAR MOHINI, MULLASSERY KARAKULAM PO, TRIVANDRUM BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH RESPONDENTS: ------------- 1. AUTHORISED OFFICER, CHIEF MANAGER (ADVANCES) STATE BANK OF TRAVANCORE REGION II, ZONAL OFFICE, SANTHINAGAR, THIRUVANANTHAPURAM. 2. MANAGER, STATE BANK OF TRAVANCORE NALANCHIRA BRANCH, TRIVANDRUM BY ADV. SRI.M.PATHROSE MATTHAI (SR.) FOR R1&2 SRI.SAJI VARGHESE FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the 13(2) notice issued by the respondent to the petitioner. Ext.P2. True copy of the CMP.No.1130/2008 filed by the respondent before the Chief Judicial Magistrate, Trivandrum. Ext.P3. True copy of the Interim Order dated 11.3.2008 passed in W.A.No.428/2008. // true copy // P.A to judge. ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.23204/2008 ----------------------------------------------------------- Dated this the 27th day of August, 2008 JUDGMENT In this writ petition, petitioner is challenging the proceedings initiated by the respondent Bank before the Chief Judicial Magistrate, Thiruvananthapuram, for an order under Section 14 of the Securitisation Act. The contention raised is that the Chief Judicial Magistrate lacks jurisdiction to entertain an application under Section 14 of the Act. This issue has been decided against the petitioner by a Division Bench of this court in the judgment in WP(c).No.428/2008 and therefore that contention does not merit consideration. 2. Now the learned counsel for the petitioner prays that he may be permitted to discharge the liability in installments. I heard the counsel for the Bank also in this matter. 2 3. Having regard to the averments made, I direct that the amount due from the petitioner be paid in three equal monthly installments, first of which will be paid by the petitioner before 10.9.2008 and the subsequent installments before 10th of every succeeding month. Subject to payment as above, further proceedings shall be kept in abeyance and in case default is committed, the respondents will be free to continue the proceedings without further notice. 4. But however, this order will not stand in the way of the Chief Judicial Magistrate considering CMP.No.1101/2008 and passing orders thereon. But however, its implementation shall be subject to the aforesaid directions. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. 3 ANTONY DOMINIC JUDGE vi. 4