IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WA.No. 1680 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.26726/2011 Dated 18/10/2011 .................... APPELLANT/PETITIONER ------------------------ HALEEMA.R, W/O.HASSANAR, MPM HOUSE, .C.18/2108, MUDUVANMUGAL, POOJAPPURA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS: --------------- 1. SOUTH INDIAN BANK LTD., REPRESENTED BY ITS CHIEF MANAGER, REGIONAL OFFICE, HOTEL SAFA INTERNATIONAL BUILDING, MALAYALA MANORAMA ROAD, THIRUVANANTHAPURAM-14. 2. AUTHORISED OFFICER, SOUTH INDIAN BANK LTD., REGIONAL OFFICE, HOTEL SAFA INTERNATIONAL BUILDING, MALAYALA MANORAMA ROAD, THIRUVANANTHAPURAM-14. ADV. SRI.GEORGE VARGHESE, SC, FOR R1&2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag. C.J. & P.S.GOPINATHAN, J. .................................................................... Writ Appeal No.1680 of 2011 .................................................................... Dated this the 4th day of November, 2011. JUDGMENT Ramachandran Nair, Ag. C.J. Writ Appeal is filed only for slight modification of the judgment of the learned Single Judge for extension of time for payment of one third till 1.12.2011 and for payment of the balance two third till 15th January, 2012. Standing Counsel Sri.George Varghese appearing for respondents vehemently opposed contending that the appellant is a chronic defaulter. Against his objection appellant's counsel submitted that on behalf of the appellant he is willing to give undertaking in this court for payment as above. 2. We feel facility can be granted based on the undertaking and besides that, there will be a direction by this court against the appellant to surrender the mortgaged property free of possession to the Manager of the respondent-Bank immediately on first default, failing which the Bank can move this court for initiation of contempt proceedings against the appellant for violation of undertaking and also for failure to comply 2 with the direction of this court. 3. Writ Appeal is accordingly allowed in part by modifying the judgment of the learned Single Judge as follows. Respondents are directed to withhold recovery proceedings for payment of the balance arrears in two instalments, one third to be paid on or before 1.12.2011 and the balance two third on or before 15th January, 2012. C.N.RAMACHANDRAN NAIR Acting Chief Justice P.S.GOPINATHAN Judge pms