High Court Kerala High Court

V.R. Rajasekharan Nair vs State Bank Of India on 25 March, 2008

Kerala High Court
V.R. Rajasekharan Nair vs State Bank Of India on 25 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 9268 of 2008(C)


1. V.R. RAJASEKHARAN NAIR,AGED 46 YEARS
                      ...  Petitioner

                        Vs



1. STATE BANK OF INDIA,REPRESENTED BY ITS
                       ...       Respondent

2. THE AUTHORISED OFFICER,

                For Petitioner  :SRI.P.B.SAHASRANAMAN

                For Respondent  :SRI.GEORGE THOMAS(MEVADA), SC, SBI

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :25/03/2008

 O R D E R
                          ANTONY DOMINIC, J.

                         ===============
                      W.P.(C) NO. 9268 OF 2008 C
                    ====================

                Dated this the 25th day of March, 2008

                              J U D G M E N T

The petitioner against whom proceedings have been initiated by the

Bank under the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act has approached this court challenging

Ext.P2, a sale notice published by the Bank. It is stated on behalf of the

Bank that about Rs. 8 lakhs is due from the petitioner and although the

petitioner has paid Rs. 4 lakhs after the initiation of the proceedings, the

balance remains unpaid. The counsel only seeks an instalment facility for

discharging the balance liability.

2. I heard the standing counsel for the Bank as well in this

respect.

3. Having regard to the submissions made, I dispose of this writ

petition directing that the petitioner shall pay the balance amount due to

the Bank in three equal monthly instalments, first of which will be payable

before 31st of March, 2008 and the second and third instalments will be

payable before 30th of April and 31st of May 2008. Subject to payment as

WPC 9268/08
:2 :

above, further proceedings will stand deferred and in case the petitioner

commits default, the Bank will be free to continue the proceedings that are

already initiated.

Writ petition is disposed of as above.

ANTONY DOMINIC,JUDGE.

Rp