IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 14256 of 2009(B) -------------------------- PETITIONER: --------------- SHRI.ABDUL K.NAJEEB, S/O.ABDUL KHADER, JAMEELA MANZIL, THOOKKU PALAM, IDUKKI DISTRICT. BY ADV. SRI.LALJI P.THOMAS RESPONDENTS: ---------------------- 1. THE CHIEF MANAGER (ADVANCE), AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE, (ASSOCIATE OF THE STATE BANK OF INDIA), REGIONAL ZONAL OFFICE, ERNAKULAM. 2. THE MANAGER, STATE BANK OF TRAVANCORE, THOOKKUPALAM BRANCH, IDUKKI DISTRICT. BY ADV. MR. K.S. DILEEP, SC, SBT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 14256 OF 2009 ......................................................................... Dated this the 1st June, 2009 J U D G M E N T The petitioner's case is that the second respondent-Bank has proceeded with hasty steps under the SURFAESI Act for realisation of the amount allegedly due from the petitioner in respect of the loan availed by him, without properly considering the actual facts and circumstances and readiness of the petitioner to clear out the liability within no time. 2. The matter had come up for consideration before this Court on different occasions and the specific instructions sought for from the part of the Bank are yet to come. 3. It is seen that one of the prayers of the petitioner is for issuance of a direction to the first respondent to consider Ext.P2 representation and to dispose of it on merits. Ext.P2 representation shows that the petitioner is ready and willing to discharge the liability within a period of six months. However the said representation is dated 10.10.2008 and the specific period of ' six months' is already over. The learned counsel for W.P.(C) No. 14256 OF 2009 2 the petitioner submits that the petitioner was not in a position to arrange necessary funds in tune with Ext.P2 because nothing was heard from the part of the respondent-Bank ever since the submission of the said representation. 4. Heard both the sides including the learned Standing Counsel for the Bank. 5. After considering the facts and figures, the petitioner is permitted to clear the entire outstanding liability by way of four equal monthly instalments commencing from 30.06.2009. It is made clear that if any default is committed by the petitioner in remitting the instalments as above, the respondent-Bank will be at liberty to proceed against the petitioner to realise the entire outstanding liability in a lump sum. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk