IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(C).No. 17625 of 2008(W) -------------------------- PETITIONER: ------------ SMT.JAYAMMA JOSEPH, PUTHENKALATHIL HOUSE, KUMARANKARY P.O., NEELAMPEROOR VILLAGE, KUTTANADU TALUK, ALAPPUZHA DIST. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENTS: ------------- 1. STATE BANK OF TRAVANCORE, REGION I, ZONAL OFFICE, KOTTAYAM REPRESENTED BY ITS CHIEF MANAGER. 2. STATE BANK OF TRAVANCORE, CHINGAVANAM BRANCH, REPRESENTED BY ITS BRANCH MANAGER. 3. DISTRICT MAGISTRATE, KOTTAYAM. BY ADV. SRI. R.S. KALKURA, SC. SRI.I.V PRAMOD, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 17625 OF 2008 = = = = = = = = = = = = = Dated this the 19th day of June, 2008. J U D G M E N T The petitioner is the widow of late Thomaskutty Joseph, who availed a loan for business purposes from the 1st respondent. The business collapsed and the petitioner's husband committed suicide on 8.2.2007, leaving three minor children, aged, 11,7, and 5 years respectively and aged parents under the care of the petitioner. Now the bank has initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002for recovery of the loan amounts due. Although the petitioner is challenging those proceedings, the petitioner only wants time to pay the amounts in instalments. 2. The learned standing counsel appearing for the respondents opposes the prayer. He points out that in other proceedings the petitioner herself promised to pay the amounts in six months and she has not yet paid any amount, although already nine months are over. 3. Whatever that be, in view of the peculiar circumstances of the case, wherein a widow with three minor children and parents W.P.(C).No. 17625 OF 2008 2 to care for, is left by her husband to fend for herself in very difficult circumstances, I am satisfied that the petitioner is entitled to sympathy, although she cannot escape from the liability to pay the amounts. Therefore, I am inclined to direct the respondents 1 and 2 to allow the petitioner to pay the amounts in installments. Accordingly, this writ petition is disposed of with the following directions: The petitioner shall pay an amount of Rs.4 Lakhs within one month. The balance amount due shall be paid in ten equal monthly instalments starting from 1.9.2008. Every subsequent instalment shall be paid on the 1st working day of every succeeding month. If the petitioner pays the above amounts in time without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner fails to pay either the Rs.4 Lakhs or any of the subsequent instalments, respondents would be free to continue proceedings as now initiated, without having to issue any fresh notice or proceedings in that regard. S.SIRI JAGAN, JUDGE bkn/-