IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WA.No. 2388 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.26369/2009 Dated 01/10/2009 .................... APPELLANT/1ST RESPONDENT: --------------------------------- HDFC BANK LTD.,S.L.PLAZA, PALARIVATOM V3 TELE SERVICE PVT.LTD.COCHIN -682025 REPRESENTED BY ITS CHIEF MANAGER LEGAL SUMITH P.PRASAD. BY ADV. SRI.T.RAJESH RESPONDENTS/PETITIONER & 2ND RESPONDENT: ------------------------------------------------------ 1. BABURAJ.C.C. S/O. CHANDRA SEKHARAN, CHANDRA VILAS, NEAR T.V. STATION, KAKKANAD P.O., ERNAKULAM - 682030. 2. HDFC BANK LTD. HDFC BANK HOUSE, SENAPATHI BAPAT MARG, LOWER PETEL (WEST). R1 BY ADV. SRI.R.ANILKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2388 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of October, 2009 JUDGMENT S.R.Bannurmath, C.J. According to the appellant, the amount due from respondent No.1 is Rs.2,45,000/- and the learned Single Judge has unnecessarily granted six instalments starting from 31st October 2009, even though he is a chronic defaulter. Aggrieved by the same and owing to certain practical difficulties, the appellant/respondent No.1 has filed this Writ Appeal. 2. After discussing with learned counsel for the parties, they agree that if the order is modified in the following terms, both will be satisfied. Hence, it is directed that the entire amount will be paid in four instalments instead of six instalments, starting from 10th November, 2009 instead of 31st October 2009. So far as the condition of default clause is concerned, it will remain unannulled. It is also made clear that the next three instalments shall be on the respective last WA No.2388 of 2009 -:2:- working day of the succeeding three months. The Writ Appeal is disposed of as above. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb/vgs