High Court of KeralaWP(C)/22766/2015disposed of

Naseema v. State Bank Of Travancore

2015-08-05Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 5TH DAY OF AUGUST 2015/14TH SRAVANA, 1937 WP(C).No. 22766 of 2015 (U) ---------------------------- PETITIONER(S):

-------------------------- NASEEMA, AGED 38 YEARS, W/O.SHAMSUDHEEN V.K, VANNATHANKANDIKUNIYIL HOUSE, KAYAKODI. P.O., KOZHIKODE DISTRICT.

BY ADVS.SMT.P.K.PRIYA, SMT.MONCY FRANCIS.

RESPONDENT(S):

---------------------------- STATE BANK OF TRAVANCORE, KALLACHI BRANCH, KALLACHI MAIN ROAD, KOZHIKODE, PIN-673 506.

BY SRI.T.SETHUMADHAVAN, SENIOR SC, ADV. SRI. JAYESH MOHAN KUMAR, SC.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 22766 of 2015 (U) APPENDIX PETITIONER'S EXHIBITS:- P1THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENT TO THE PETITIONER'S HUSBAND DATED 13.05.2015. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.22766 of 2015 ****************************************************************************** Dated this the 5th day of August, 2015

JUDGMENT

The petitioner's husband availed a cash credit facility from the respondent Bank. The petitioner has approached this Court challenging SARFAESI proceedings. The petitioner's husband closed down the business and gone abroad. The petitioner's only prayer is that she may be permitted to discharge the entire liability in instalments. In view of the above, the petitioner is permitted to discharge the entire liability in eight instalments as follows: i.

The petitioner shall pay Rs.25,000/- on or before 31.8.2015.

ii.

Thereafter, the petitioner shall remit Rs.50,000/- every month for a period of seven months and thereafter, in the succeeding month, the entire amount in lumpsum. iii.

If the petitioner commits default in remitting anyone of the instalments, the Bank is free to proceed against the petitioner in accordance with law.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln