THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE K.G.SHANKAR W.P.No.7344 of 2011 ORDER: (Per Sri Justice Ghulam Mohammed, J) Petitioner joined services of the respondents - bank as Clerk-cum-Typist in 1986. He was promoted as Senior Assistant in 2004. He availed housing loans from the first respondent bank. Loan amounts were to be deducted from his monthly salary periodically. He states that on certain allegations, his services were terminated on 09.02.2008 and questioning such termination, he filed W.P.No.15514 of 2008 before this Court and it is pending. While the matter stood thus, the first respondent invoked the provisions of Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with Rule 8 of the Security Interest (Enforcement) Rules, 2002, and issued Possession Notice, dated 11.03.2011, stating that a sum of Rs.8,16,490.15 ps. is due from him. Aggrieved by the same, the petitioner filed this writ petition. Learned counsel for the petitioner contends that provident fund and other benefits of the petitioner have not yet been released from the bank and if such amounts are released, the petitioner is able to discharge the due amount partly and if time is granted, he would pay the balance due amount. He also contends that the subject property is in the name of his wife. Learned counsel for the respondents contends that as the petitioner failed to repay the housing loan amounts, the respondents - bank has issued the impugned notice and that once the provisions of the aforesaid Act are invoked, towards discharge of loan amounts, part-payments and payment in instalments are not allowed. The petitioner filed provident fund statement, dated 30.09.2006, which shows that his total balance contribution of provident fund is Rs.2,66,979/-. Having heard the learned counsel on either side and perused the material available on record and in view of the willingness of the petitioner to pay the due amount to the respondents - bank, without going into the merits of the matter, we deem it appropriate to permit the petitioner to seek refund of the provident fund amount from the bank and on receipt thereof, he shall deposit the same with the bank towards discharge of his housing loan accounts, and he shall pay the remaining due amount in four (4) equal monthly instalments, in default, the respondents - bank are at liberty to proceed in accordance with law. With the above directions, the Writ Petition is disposed of. No costs. _________________________ GHULAM MOHAMMED, J ___________________ K.G.SHANKAR, J 22nd MARCH, 2011. kvni