IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 9057 of 2009(B) ------------------------- PETITIONER: --------------- GOPINATHAN.A.V., S/O.VELAYUDHAN ACHARY, AGED 51 YEARS, NANDANAM HOUSE, (KAVADA VEEDU), MALAKKARA P.O., ARANMULA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENTS: --------------- 1. THE ASSISTANT GENERAL MANAGER, PUNJAB NATIONAL BANK, C.P.G.P.TOWERS, UPPALAM ROAD, NEAR STATUE, TRIVANDRUM. 2. THE REGIONAL MANAGER, AUTHORISED OFFICER, PUNJAB NATIONAL BANK, SHATHABDI BHAVAN, MINI BY PASS ROAD, GOVINDAPURAM, KOZHIKODE. 3. THE MANAGER, CHENGANNUR BRANCH, PUNJAB NATIONAL BANK, CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.K.P.SUDHEER , SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 9057 OF 2009 ......................................................................... Dated this the 29th May, 2009 J U D G M E N T Heard both the sides. 2. When the matter came up for admission before this Court on 20.03.2009, an interim order of stay was granted, subject to the condition that the petitioner remitted a sum of Rs.Five lakhs before 28.03.2009 and continued to effect payment at the rate of Rs. One lakh on or before the last working day of every succeeding month, commencing from April, 2009. 3. The learned counsel for the petitioner submits that he has already effected much amounts, though the conditions imposed could not be satisfied in its entirety and hence pleads for some breathing time to prove his bonafides. 4. Considering the fact that it was a housing loan spread over for a total period of 18 years, availed in the year 2003 and also taking note of the spirit of the interim order already passed, this Court finds it fit and proper to permit the petitioner to W.P.(C) No. 9057 OF 2009 2 discharge the entire liability, by effecting payments in the manner as specified by this Court, but for making it clear that the remaining liability flowing from the interim order dated 20.03.2009 shall be discharged completely on or before 25.06.2009 and that the petitioner shall continue to effect the instalments at the rate of Rs. One lakh, on or before the last working day of every succeeding month till the entire liability is wiped out. It is made clear that if any default is committed by the petitioner, the benefit granted by this verdict will stand withdrawn automatically and that the respondents will be entitled to proceed against the petitioner and his assets under the relevant provisions of law for realisation of the entire outstanding liability in a lump sum. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk