IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 33268 of 2011(G) --------------------------------------- PETITIONER(S): --------------------- SREEDEVI.T.J., D/O. JANAKI, AGED 48 YEARS, THALIYAKKADAN HOUSE, PULIKANNI, PALAPPILLY.P.O., THRISSUR-680303. BY ADV. SRI.R.DIVAKARAN SMT.SAHNA M.SAMBAJI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPLE SECRETARIAT, SELF GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001. 2. DISTRICT COLLECTOR, COLLECTORATE, THRISSUR DISTRICT-680001. 3. THE CHIEF MANAGER(AUTHRISED OFFICER), FEDERAL BANK, SAMC, THRISSUR-680001. 4. AGRICULTURE OFFICER, THRISSUR DISTRICT. PIN-680001. R1,R2,E4 BY GOVT.PLEADER SMT. P.A. RAZIYA R3BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN SRI.AJESH. M.R. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AS WPC. NO. 33268/2011 APPENDIX PETITIONER(S) EXHIBITS: EXT.P1: THE COPY OF THE LETTER DATED 7/8/2008 ISSUED BY THE FEDERAL BANK. EXT.P2: THE COPYP OF THE NOTICE AFFIXED BY THE 3RD RESPONDENT. EXT.P3: THE COPY OF THE REPRESENTATION DATED 8/12/2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE AS S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.33268 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2011 J U D G M E N T The petitioner is aggrieved by the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) initiated by the respondents for recovery of defaulted loan amounts. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the amount in instalments. 2. This is opposed by the learned counsel for the Bank. 3. Having heard both sides, I am of opinion that the respondents can show some more leniency to the petitioner in the matter of payment of the balance amount due in instalments. Accordingly, this writ petition is disposed of with a direction to the respondents to permit the petitioner to pay off the balance amount due in 6 (six) equal monthly instalments starting from 02.01.2012. Every subsequent W.P.(C)No.33268 of 2011 -2- instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on due 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 respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. In the meanwhile, the bank shall consider Ext.P3 application filed by the petitioner and pas appropriate orders thereon, within a period of one month from the date of receipt of a copy of the application. If Ext.P3 has not yet been received, the exhibit as available in the writ petition shall be considered and orders passed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/