High Court Kerala High Court

Biju S. vs The Branch Manager on 27 November, 2007

Kerala High Court
Biju S. vs The Branch Manager on 27 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 34968 of 2007(K)


1. BIJU S., AGED 33 YEARS, S/O. SASIDHARAN
                      ...  Petitioner

                        Vs



1. THE BRANCH MANAGER,
                       ...       Respondent

2. THE AUTHORISED OFFICER,

                For Petitioner  :SRI.J.JAYAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :27/11/2007

 O R D E R
                     ANTONY DOMINIC, J.

                 ===================
                 W.P.(C) NO.34968 OF 2007 K
                 ===================

         Dated this the 27th day of November, 2007


                          J U D G M E N T

Proceedings initiated against the petitioner by the

respondent Bank under the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002

is under challenge.

2. Although, I do not find any irregularity in the action of

the Bank in initiating the proceedings or approaching the Chief

Judicial Magistrate for an order under Section 14 of the Act, still

as offered by the Bank, I am inclined to direct that the petitioner

be permitted to pay the amount that is due in instalments. It is

submitted that presently the amount that is due is more than

Rs.1,78,000/-.

Taking into account the above, I dispose of this writ petition

directing that the petitioner be permitted to pay off the liability in

10 equal monthly instalments commencing from 1st of January

2008 and the balance instalments will be payable on the 1st of

every succeeding month. If the petitioner pays the amount as

WPC 34968/07
: 2 :

ordered herein above, further proceedings pursuant to the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 should not be

continued and if default is committed, respondents will be free to

proceed, without further notice.

ANTONY DOMINIC, JUDGE
Rp