IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 25311 of 2011(L) -------------------------- PETITIONER(S): --------------- SAROJINI.P.A., AGED 48 YEARS, D/O.KUNJAN, VADAYADIYIL HOUSE, ERUMBAYAM.P.O., VELLOOR, KOTTAYAM DISTRICT. BY ADV. SRI.BIJU M.JOHN RESPONDENT(S): --------------- STATE BANK OF INDIA, VELLOOR BRANCH, REPRESENTED BY ITS AUTHORIZED OFFICER, CHIEF MANAGER (RURAL), STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, KOTTAYAM-686 501. ADV.N.RAJAGOPALAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 25311/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE RELEVANT PAGES OF THE PETITIONER'S PASS BOOK. EXHIBIT P2: TRUE COPY OF THE PHOTOGRAPHS. EXHIBIT P3: TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 12.08.2011 TO THE MOTHER OF THE PETITIONER. sdk+ ///True copy/// P.A. to Judge . S.SIRI JAGAN, J. ================== W.P.(C).No. 25311 of 2011 ================== Dated this the 23rd day of September, 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 the respondent for recovery of loan amounts defaulted by the petitioner. 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 five equal monthly instalments starting from 1.10.2011. Every subsequent instalment shall be paid on the first working day 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 the respondent 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