High Court Kerala High Court

Raju.T vs State Bank Of Travancore on 13 November, 2007

Kerala High Court
Raju.T vs State Bank Of Travancore on 13 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 31783 of 2007(H)


1. RAJU.T.
                      ...  Petitioner

                        Vs



1. STATE BANK OF TRAVANCORE
                       ...       Respondent

2. STATE BANK OF TRAVANCORE

                For Petitioner  :SRI.K.ABDUL JAWAD

                For Respondent  :SRI.M.PATHROSE MATTHAI (SR.)

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :13/11/2007

 O R D E R
                   ANTONY DOMINIC, J.

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              W.P.(C) No. 31783 OF 2007 H
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           Dated this the 13th November, 2007

                    J U D G M E N T

The proceedings initiated against the petitioner

under the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest

Act, 2002 is under challenge. The petitioner seeks

only an instalment facility for discharging the

liability.

2. It is stated by counsel for the Bank that the

liability of the petitioner has been quantified at Rs.

2,20,000/- and that the petitioner should pay a

considerable amount within one month. In view of the

fact that the petitioner is a sick company and that the

petitioner wants to discharge the liability in

instalments, I am inclined to grant him a reasonable

instalment facility enabling him to discharge the

liability that is due to the Bank.

3. Accordingly, I direct that on or before 25-11-

2007 the petitioner shall remit an amount of

WPC No.31783/07

– 2 –

Rs.75,000/- with the 1st respondent Bank. The balance

due shall also be remitted by the petitioner in two

equal monthly instalments payable on the 15th December

2007 and 15th January, 2008. Subject to the payments as

above further proceedings against the petitioner shall

be deferred. In case the petitioner commits any

default in any one of the instalments, the Bank will be

free to proceed against the petitioner without further

notice.

Writ petition is disposed of as above.

ANTONY DOMINIC
JUDGE
jan/-