IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 13612 of 2005(U) -------------------------- PETITIONER(S): --------------- M.GIRIJA MANY, W/O. LATE G.GOPALAKRISHNAN NAIR, AGED 42 YEARS, 435/A/13, KRISHNA NIVAS, B.M.C. P.O., KAKKANAD, ERNAKULAM DISTRICT. BY ADV. SRI.P.K.YUSUFF ISSUDDIN SRI.M.M.ALIKUNJU RESPONDENT(S): --------------- 1. THE MANAGER, UNION BANK OF INDIA, THRIKKAKARA. 2. THE DEPUTY TAHSILDAR (R.R), KANAYANNOOR TALUK, ERNAKULAM, KOCHI. 3. THE VILLAGE OFFICER, THRIKKAKARA (N) VILLAGE OFFICE, THRIKKAKARA. ADV. SRI.A.S.P.KURUP, SC, UBI FOR R1 R2 AND R3 BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE REVENUE RECOVERY NOTICE DATED 1.11.2004 ISSUED BY THE 2ND RESPONDENT. EXT.P2 PHOTOCOPY OF THE REPRESENTATION ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 2.4.2005 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 13612 OF 2005 -------------------------------------------- Dated this the 21st day of November, 2008 JUDGMENT W.P.C. is filed challenging recovery proceedings. Even though petitioner has stated that she has made part payment and has stated her financial difficulties and misfortune of losing her husband, counsel submitted that on his trying to contact her, there was no response from the petitioner. Standing counsel for the Bank submitted that Bank is willing to offer all incentives if the petitioner comes forward with payment. W.P.C. is accordingly closed leaving freedom to the respondents to proceed for recovery against the petitioner, if the petitioner does not approach the Bank and settle the liability. However, since matter is pending for long and in view of the misfortune of the petitioner and the financial difficulties expressed by her, there will be direction to the Bank to allow the petitioner to pay balance arrears remaining after adjusting the payments already made with contract rate of interest, that is without collecting compounding interest or penalty, provided petitioner makes payment within a reasonable time. 2 However, if the petitioner does not make payment within a reasonable time, say two months from the date of receipt of a copy of this judgment, then recovery can be continued against the petitioner. (C.N. RAMACHANDRAN NAIR) Judge kk 3