High Court Kerala High Court

K.Pushpa vs The Authorised Officer on 28 November, 2007

Kerala High Court
K.Pushpa vs The Authorised Officer on 28 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 31531 of 2007(D)


1. K.PUSHPA,
                      ...  Petitioner

                        Vs



1. THE AUTHORISED OFFICER
                       ...       Respondent

2. THE BRANCH MANAGER

                For Petitioner  :SRI.R.BINDU (SASTHAMANGALAM)

                For Respondent  :SRI.P.K.SURESH KUMAR

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :28/11/2007

 O R D E R
                      ANTONY DOMINIC, J.

                 ===================

                 W.P.(C) No.31531 OF 2007 D

                 ===================

          Dated this the 28th day of November, 2007

                         J U D G M E N T

Proceedings initiated against the petitioner under the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act is under challenge. Counsel

for the Bank points out that the amount that is due presently is

about Rs.10 lakhs. Though the petitioner has raised several

contentions on the merits of the controversy, all that is pressed

before me is a prayer for granting an instalment facility to

discharge the liability.

2. After having heard the counsel for the Bank, who

objects to the prayer, I dispose of this writ petition directing that

the petitioner shall pay the amount that is due to the Bank in 6

equal monthly instalments commencing from 15th of December

2007 and the subsequent instalments will also be payable on the

15th of every succeeding month.

WPC No.31531/07
: 2 :

3. Subject to payment as above, proceedings initiated

against the petitioner shall not be continued and in case, the

petitioner commits default in paying any one of the instalments,

the Bank will be entitled to proceed, without further notice.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE.

Rp