High Court Kerala High Court

T.Girija vs The Manager on 27 June, 2008

Kerala High Court
T.Girija vs The Manager on 27 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19350 of 2008(C)


1. T.GIRIJA, W/O.DUARI, GIREESH BHAVAN,
                      ...  Petitioner

                        Vs



1. THE MANAGER, VIJAYA BANK,
                       ...       Respondent

2. THE CHIEF JUDICIAL MAGISTRATE,

                For Petitioner  :SRI.M.R.SARIN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :27/06/2008

 O R D E R
                      ANTONY DOMINIC, J

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                     W.P.(C).NO.19350/2008
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             Dated this the 27th day of June, 2008


                            JUDGMENT

Petitioner is facing proceedings under the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act. The Bank has also

obtained an order Section 14 of the Act. It is at this stage

the writ petition has been filed.

2. Counsel has not raised any arguments on the merits

of the case but is only seeking an instalment facility to

discharge the debt.

3. Heard the standing counsel appearing on behalf of

the Bank also.

4. It is pointed out that about 3.5 lakhs is due from

the petitioner and that she has been a chronic defaulter

compelling the Bank to take coercive action.

2

Since, the petitioner seeks only an instalment facility to

discharge the liability, and to avoid distress sale of the

property mortgaged the writ petition is disposed of as

follows;

i. Before 20th July, 2008, out of the amount that is due

from the petitioner, she shall remit Rs.1 lakh with the

respondent. Subject to payment as above, further coercive

action against the petitioner shall be kept in abeyance.

ii. It is directed that balance amount due shall be paid

in six equal monthly instalments. First instalment shall be

paid on or before 20th August, 2008 and the subsequent

instalments shall be paid on or before 20th of every

succeeding month. It is clarified that in case the petitioner

commits default in paying any instalments directed as

above, it will be open to the bank to continue the

proceedings already initiated, without any further notice.

Writ Petition is disposed of as above.

ANTONY DOMINIC
JUDGE

vi.

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