IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23204 of 2008(K)
1. S.BIJUKUMAR
... Petitioner
Vs
1. AUTHORISED OFFICER,
... Respondent
2. MANAGER, STATE BANK OF TRAVANCORE
For Petitioner :SRI.M.R.SARIN
For Respondent :SRI.M.PATHROSE MATTHAI (SR.)
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :27/08/2008
O R D E R
ANTONY DOMINIC, J
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W.P.(C).No.23204/2008
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Dated this the 27th day of August, 2008
JUDGMENT
In this writ petition, petitioner is challenging the
proceedings initiated by the respondent Bank before the
Chief Judicial Magistrate, Thiruvananthapuram, for an order
under Section 14 of the Securitisation Act. The contention
raised is that the Chief Judicial Magistrate lacks jurisdiction
to entertain an application under Section 14 of the Act. This
issue has been decided against the petitioner by a Division
Bench of this court in the judgment in WP(c).No.428/2008
and therefore that contention does not merit consideration.
2. Now the learned counsel for the petitioner prays that
he may be permitted to discharge the liability in
installments. I heard the counsel for the Bank also in this
matter.
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3. Having regard to the averments made, I direct that
the amount due from the petitioner be paid in three equal
monthly installments, first of which will be paid by the
petitioner before 10.9.2008 and the subsequent installments
before 10th of every succeeding month. Subject to payment
as above, further proceedings shall be kept in abeyance and
in case default is committed, the respondents will be free to
continue the proceedings without further notice.
4. But however, this order will not stand in the way of
the Chief Judicial Magistrate considering CMP.No.1101/2008
and passing orders thereon. But however, its
implementation shall be subject to the aforesaid directions.
Writ Petition is disposed of as above.
ANTONY DOMINIC
JUDGE
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ANTONY DOMINIC
JUDGE
vi.
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