IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 20332 of 2011(N) ---------------------------------------- PETITIONER(S): ------------------------ MARIAMMA GEORGE, W/O.GEORGE, AGED 58 YEARS, RESIDING AT KUNNAKKATTU HOUSE, KARAPPUZHA, KOTTAYAM, BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): ---------------------------- THE AUTHORIZED OFFICER AND CHIEF MANGER, CANARA BANK TEMPLE ROAD BRANCH, KOTTAYAM.PIN-686 001 BY ADV.SRI.PAULY MATHEW MURICKEN,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.20332/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTICE UNDER SECTION 13(4) OF THE ACT DATED 7/7/2010. P2 COPY OF THE CMP 18/2011 PENDING BEFORE THE CJM COURT KOTTAYAM. P3 COPY OF THE RELEVANT EXTRACT OF THE LOAN ACCOUNT PASS BOOK OF THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.20332 OF 2011 ---------------------------------------------- Dated this the 26th day of July, 2011 JUDGMENT The petitioner challenges proceedings under the Securitistaion and Reconstruction of Financial Assets and Enforcement of Security Interest Act initiated by the respondent for recovery of loan amounts due from the petitioner to the respondent. The petitioner does not dispute the liability to pay or the quantum. She only seeks facility to pay off the balance amounts due in instalments. 2. This is opposed by the learned Standing Counsel for the bank. 3. However, taking a lenient view, I dispose of this writ petition with a direction to the respondent to permit the petitioner to pay off the balance amounts due in ten equal monthly instalments starting from 1.8.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on due W.P.(C)No.20332/11 2 dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of any one 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. S. SIRI JAGAN, JUDGE acd W.P.(C)No.20332/11 3