IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 1997 of 2010(Y) --------------------------------------- PETITIONER(S): ------------------------- 1. G.GOKUL,S/O.G.GOPALAKRISHNAN, AGED 42 YEARS,RESIDING AT HOUSE NO.68,WARD I, UDUMBANCHOLA,IDUKKI. 2. G.SHAMITHA,W/O.GOKUL,AGED 38 YEARS, RESIDING AT HOUSE NO.68,WARD I, UDUMBANCHOLA,IDUKKI. BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENT(S): ---------------------------- CANARA BANK,HI-TECH BRANCH, KOTTAYAM REPRESENTED BY ITS MANAGER. BY ADVS. SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.P.GOPINATH MENON, SC, SRI.V.J.ANAND. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1997/2010 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SANCTION MEMORANDUM ISSUED BY THE RESPONDENT. P2: COPY OF THE LETTER DTD. 25/07/2008 ISSUED BY THE RESPONDENT. P3: COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD FROM 1/04/2008 TO 30/09/2009. P4: COPY OF THE LETTER DTD. 13/1/10 SUBMITTED BY THE PETITIONER. RESPONDENT'S ANNEXURES: ANNEXURE A: COPY OF THE STATEMENT OF ACCOUNTS FOR LOAN NO.461 DTD. 16/02/2010. ANNEXURE B: COPY OF THE STATEMENT OF ACCOUNTS FOR LOAN NO.484 DTD. 16/02/2010. ANNEXURE C: COPY OF THE LETTERS OF UNDERTAKING DTD. 30/08/2008. /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 1997 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2010 J U D G M E N T The petitioners availed of an agricultural loan from the respondent Bank. Repayment fell in arrears. The bank initiated coercive recovery proceedings. It is under the above circumstances the petitioners have filed this writ petition seeking the following reliefs: “Issue a writ of mandamus or other appropriate writ, order or direction compelling the respondent to regularize the loan No.FDL 461 and KCC 484 by accepting the arrears in 2 or 3 installments and permit the petitioners to pay the future installments in accordance with the terms of Ext.P1 sanction memorandum after deducting the waiver amount under the Agricultural Debt Scheme.” 2. On 31.03.2010 this court passed the following interim order: “Will be treated as admitted. The learned Standing Counsel appears for the respondent. It is submitted by the learned counsel for the petitioner that as per the instructions by the Branch Manager, the petitioner has deposited an amount of Rs.3,00,000/- on 16/3/2010 and there is a further direction to deposit another amount of Rs.3,40,000/- on or before 30/6/2010. The learned Standing Counsel will get instructions on these aspects. Interim order will continue.” W.P.(C)No. 1997 of 2010 -2- 3. The learned counsel for the petitioners submits that, the amount of Rs.6.4 lakhs has already been paid. He further submits that, the Bank has directed these petitioners to pay another Rs.6 lakhs on or before 31.12.2010. They are willing to pay the balance amount in installments as permitted by the bank. The bank also agrees for the said course of action. In the above circumstances, recording the above submissions of the parties, this writ petition is closed. S. SIRI JAGAN JUDGE shg/