Ashok Bhushan, Ag.CJ. These two Writ Appeals have been filed against the judgment dated 11th August, 2014 in W.P. (C ) 20753/2014. The Writ Petition is filed by the petitioner, Ganesh Kumar.
2. In the Writ Petition, the petitioner has challenged the proceedings initiated by the Bank under the SARFAESI Act, 2002. Petitioner has earlier come to the court and was granted instalment facility by permitting him to make the payments, which he defaulted. In the Writ Petition, the learned Single Judge by order dated 11th August, 2014 allowed the petitioner to make the payment in 15 instalments, the first instalment was to be paid on or before 11th August, 2014.
3. Learned counsel for the Writ petitioner submits that the W.A. No. 1595 of 2014 & W.A. No. 1368 of 2014 2 amount of instalment is huge and number of instalment is to be further extended to enable the writ petitioner to clear off the liability.
4. The appeal filed by the Bank is to the effect that the learned Judge has granted 15 instalments by which more than sufficient time has been granted and looking into the past record of the petitioner, no indulgence was required to be shown to the petitioner who was a defaulter.
We have considered the submission of the learned counsel for the parties and perused the records. The learned single has exercised the discretion in permitting the petitioner to deposit the entire amount in 15 instalments to be quantified as on 30th August, 2014. We do not find any error in the exercise of such discretion which may warrant interference by this Court in exercise of its appellate jurisdiction. Consequently, both the appeals are dismissed.
Sd/-ASHOK BHUSHAN , Ag. CHIEF JUSTICE ani/ /truecopy/ Sd/- A.M.SHAFFIQUE, JUDGE P.S.Tojudge