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BIJU PARAMU versus MANAGER

High Court of Kerala

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BIJU PARAMU v. MANAGER - WP(C) No. 3344 of 2007(W) [2007] RD-KL 8713 (28 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 3344 of 2007(W)

1. BIJU PARAMU,
... Petitioner

Vs

1. MANAGER,
... Respondent

2. REGIONAL MANAGER,

3. ASSISTANT GENERAL MANAGER,

For Petitioner :SRI.N.K.MOHANLAL

For Respondent :SRI.S.K.BALACHANDRAN

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :28/05/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO.3344 OF 2007

DATED THIS THE 28th DAY OF MAY, 2007



JUDGMENT

The petitioner, a defaulter in payment of loan amounts to the respondents, challenges proceedings against the secured interest under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002. However, the petitioner has not challenged either the liability to repay the loan or the amount demanded.

2. In the above circumstances, the challenge against the proceedings is without merits. However, taking a lenient view, I direct the respondents to permit the petitioner to pay off the balance amount due in six equal monthly instalments starting from 30.6.2007. The subsequent instalments shall be paid on the 30th of every suceeding month. If the petitioner pays the instalments in time as directed above, further proceedings under the Act would be kept in abeyance by the respondents. However, if the petitioner commits default in payment of any one instalment, it would be open to the respondents to W.P.(c)No.3344/07 2 continue the proceedings now initiated without having to issue any fresh notice or proceedings in that regard. The writ petition is disposed of as above.

S. SIRI JAGAN, JUDGE

Acd


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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