Shaji vs The Manager on 17 December, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 37240 of 2007(G)


1. SHAJI, THYPARAMBIL, PALLANA.
                      ...  Petitioner

                        Vs



1. THE MANAGER, THE DHANALAKSHMI BANK,
                       ...       Respondent

                For Petitioner  :SRI.K.HARILAL

                For Respondent  :SRI.C.K.KARUNAKARAN,SC,DHANALAKSHMI BAN

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :17/12/2007

 O R D E R
                        ANTONY DOMINIC, J.

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                   W.P.(C) No. 37240 OF 2007 G
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                Dated this the 17th December, 2007

                           J U D G M E N T

Petitioner against whom proceedings under the Securitization

and Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002 has been initiated, has filed this writ petition.

Although several reliefs are sought for by the petitioner, at the time

when the writ petition was taken up for hearing, request is confined

to an instalment facility to discharge the liability, which even

according to the petitioner, is presently more than Rs.2 lakhs.

2. Having heard the counsel for the petitioner and the counsel

appearing for the respondent, I dispose of this writ petition with the

following directions:

That the petitioner shall repay the entire amount due to the

respondent Bank in six equal monthly instalments. The first

instalment will be payable on the 1st January, 2008 and the

subsequent instalments will be payable on the 1st of every

WPC No. 37240/07 -2-

succeeding month. Subject to the payments as above, further

proceedings against the petitioner’s property shall be deferred and

in case the petitioner commits default in any one of the instalments

it will be open to the Bank to continue the proceedings.

ANTONY DOMINIC
JUDGE
jan/-