M.K.Salim vs South Indian Bank Ltd on 18 January, 2011

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Kerala High Court
M.K.Salim vs South Indian Bank Ltd on 18 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1653 of 2011(F)


1. M.K.SALIM,AGED 51 YEARS,
                      ...  Petitioner

                        Vs



1. SOUTH INDIAN BANK LTD,REGIONAL OFFICE,
                       ...       Respondent

2. THE AUTHORISED OFFICER,SOUTH INDIAN BANK

                For Petitioner  :SRI.R.BINDU (SASTHAMANGALAM)

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :18/01/2011

 O R D E R
                       S. SIRI JAGAN, J.
                -----------------------------------
                   W.P.(C) No.1653 OF 2011
              ---------------------------------------
           Dated this the 18th day of January, 2011

                           JUDGMENT

The petitioner defaulted repayment of loan amounts due

from him to the respondent bank who has initiated proceedings

under the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act for recovery of the

same. The petitioner does not dispute the liability to pay or the

quantum. He only seeks facility to pay off the amounts in

instalments.

2. I have heard the learned Standing Counsel for the

bank, who opposes the prayers.

3. Having heard both sides, I dispose of this writ petition

with the following directions:

The petitioner shall pay an amount of Rs.3 lakhs within one

month from today. The balance amount shall be paid in six equal

monthly instalments starting from 1.4.2011. Every subsequent

instalment shall be paid on the first working day of every

W.P.(C)No.1653/11 2

succeeding month. If the petitioner complies with the above

directions promptly, further proceedings pursuant to the

impugned proceedings shall be kept in abeyance. However, if

the petitioner fails to pay either Rs.3 lakhs or any of the

subsequent instalments, it would be open to the respondents

to continue proceedings as now initiated without having to

issue any fresh notice or proceedings in that regard.

S. SIRI JAGAN, JUDGE

acd

W.P.(C)No.1653/11 3

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