High Court Kerala High Court

R.Radhakrishna Pillai vs The State Of Bank Of Travancore on 19 February, 2008

Kerala High Court
R.Radhakrishna Pillai vs The State Of Bank Of Travancore on 19 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5854 of 2008(V)


1. R.RADHAKRISHNA PILLAI
                      ...  Petitioner

                        Vs



1. THE STATE OF BANK OF TRAVANCORE
                       ...       Respondent

2. THE REGIONAL MANAGER

3. CHIEF MANAGER (ADVANCES)

4. THE MANAGER

                For Petitioner  :SRI.R.SURAJ KUMAR

                For Respondent  :SRI.R.S.KALKURA

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :19/02/2008

 O R D E R
                           ANTONY DOMINIC, J.

                           --------------------------

                           W.P.(C)No.5854  OF 2008

                           -----------------------------

             DATED THIS THE 19TH DAY OF FEBRUARY, 2008


                              J U D G M E N T

Although in this writ petition filed challenging the

proceedings initiated against the petitioner under the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 , substantial

contentions have been raised by the petitioner what is now urged

before me is for an instalment facility to discharge the liability.

2. I have heard the counsel for the respondent-bank also.

Accordingly I dispose of this writ petition directing that the

amount due to the bank will be paid by the petitioner in six equal

monthly instaments, the first of which is payable in the first week

of March, 2008 and the subsequent instalments be payable in the

first week of every succeeding month. Subject to payment as

above, proceedings initiated against the petitioner shall be

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

continue the action that it has already initiated without further

notice to the petitioner. However, I clarify that this will not stand

W.P.(C)No. 5854/08 2

in the way of the bank considering the request made by the

petitioner for one time settlement which he has sought as per

Exhibit P6 representation.

ANTONY DOMINIC, JUDGE.

dsn