IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 26666 of 2011(G) ------------------------------------- PETITIONERS: ---------------------- 1. C.J.ANDREWS, AGED 40 YEARS, S/O.JOSEPH, CHOOLAKKAL HOUSE, POONITHURA P.O., VYTTILA, ERNAKULAM-682 038. 2. TREESA JOSEPH, W/O.JOSEPH, CHOOLAKKAL HOUSE, POONITHURA P.O., VYTTILA, ERNAKULAM-682 038. BY ADV. SRI.P.LEAN JOSE RESPONDENTS: ---------------------- 1. KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS MANAGING DIRECTOR, BADRATHA, HEAD OFFICE, THRISSUR-680 001. 2. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., D.H.ROAD, ERNAKULAM, KOCHI-16. 3. THE SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E, O.K.VARGHESE MEMORIAL BUILDING, BAKER JUNCTION, KOTTAYAM-686 001. 4. THE SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E., ERNAKULAM-682 018. BY STANDING COUNSEL, M.L. SAJEEVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS EXHIBITS: EXT.P1 : TRUE PHOTOCOPY OF TH E NOTICE BEARING NOS.SDT EKM/4791/09-10 AND SDT/EKM/4792/09-10 ISSUED BY RESPONDENT NO.4. EXT.P2 : TRUE PHOTOCOPY OF THE NOTICE ISSUED BY RESPONDENT NO.3 DATED 07.05.2011. RESPONDENTS EXHIBITS:NIL /TRUE COPY/ P.A.TO JUDGE S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 26666 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 11th day of October, 2011. J U D G M E N T The petitioners are defaulters in repayment of loan amounts due to the respondents. The respondents have initiated proceedings under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of the same, which is under challenge in this writ petition. However, the petitioners do not dispute the liability to pay or the quantum. The petitioners only seek facility to pay off the amounts in instalments. This is opposed by the counsel for the KSFE. However, taking a lenient view, I dispose of this writ petition with a direction to the respondents to permit the petitioners to pay off the amounts due in 10 equal monthly instalments starting from 1.11.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioners pay the instalment amounts on due dates without default, proceedings under the Act shall be kept in abeyance. However, if the petitioners commit default in payment of any one instalment, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/