High Court Kerala High Court

M. Babu vs Manager on 27 March, 2008

Kerala High Court
M. Babu vs Manager on 27 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8501 of 2008(K)


1. M. BABU, CHALLAPADANNAYIL
                      ...  Petitioner

                        Vs



1. MANAGER, STATE BANK OF TRAVANCORE
                       ...       Respondent

2. THE AUTHORIZED OFFICER

3. THE DISTRICT COLLECTOR, KOLLAM.

4. THE STATE OF KERALA REPRESENTED BY

                For Petitioner  :SRI.R.BINDU (SASTHAMANGALAM)

                For Respondent  :SRI.SATHISH NINAN

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :27/03/2008

 O R D E R
                           ANTONY DOMINIC, J.

                          ===============
                       W.P.(C) NO. 8501 OF 2008 K
                     ====================

                  Dated this the 27th day of March, 2008

                                J U D G M E N T

In this writ petition challenging the Securitisation proceedings,

petitioner has not made out a case for interference on the merits. At that

stage, counsel for the petitioner confines his request to an instalment

facility.

2. Counsel for the Bank opposes the same on the ground that

the unit itself is not functioning and therefore, petitioner has no intention

to revive the unit.

3. Be that as it may, now that the petitioner only seeks a limited

relief, I direct that the petitioner may discharge the liability that is due to

the Bank in six equal monthly instalments, first of which will be payable on

or before 15/4/2008 and the subsequent instalments will be payable

before the 15th of every succeeding month.

4. Subject to payment as above, further proceedings will stand

deferred and in case default is committed, the Bank will be free to

continue the proceedings that it has already initiated.

Writ petition is disposed of as above.

ANTONY DOMINIC,JUDGE.

Rp