IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 5293 of 2011(J) -------------------------------- PETITIONER(S): ------------------- M.R.BABU,MANDAPATHIL,MEVADA PO, PALAI, KOTTAYAM 686 577. BY ADVS. SRI.V.G.ARUN SRI.PRASAD CHANDRAN RESPONDENT(S): -------------------- 1. THE BRANCH MANAGER,BANK OF INDIA, MOOVATTUPUZHA BRANCH,ERNAKULAM,PIN 686 661. 2. THE DEPUTY TAHSILDAR(RR),MENACHIL, LALAM VILLAGE, PALA,KOTTAYAM,PIN 686 581. 3. THE VILLAGE OFFICER, LALAM VILLAGE,MEENACHIL,PALA,KOTTAYAM,PIN 686 581. R1 BY ADV. SRI.P.P.JOY R2 & R3 BY GOVT.PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.5293 of 2011 ------------------------------------------- Dated this the 9th day of March, 2011 J U D G M E N T ---------------------- Revenue recovery proceedings initiated for realisation of amounts due in a personal loan account which was availed by the petitioner from the 1st respondent Bank, is under challenge in this writ petition. Eventhough various contentions are raised disputing the liability, I find that no legally tenable ground existing to observe that the petitioner is not liable for payment of the amounts under demand. 2. However, by virtue of an interim order issued by this court on 22.2.2011, it is reported that the petitioner had remitted a sum of Rs.50,000/-. Learned counsel appearing for the 1st respondent submitted that after crediting all payments made, the balance outstanding is more than Rs.1.61 lakhs. 3. Learned counsel appearing for the petitioner makes a limited prayer to permit payment of the balance in a phased manner, within a reasonable time. 4. Eventhough interference on merits is not warranted, I am of the view that indulgence can be shown in permitting the petitioner to pay off the liability within a reasonable time in instalments, subject to relinquishment of all challenges made W.P.(C).5293/11 -2- against the recovery steps. 5. Accordingly, the writ petition is disposed of directing the respondents to keep in abeyance all further steps for recovery, subject to condition of the petitioner remitting the entire balance outstanding along with interest and expenses if any due, in 5 (five) equal monthly instalments falling due on or before 31.3.2011 and on or before the last day of the succeeding months. 6. It is made clear that if the petitioner makes payment of the amounts directly to the 1st respondent, he shall not be mulcted with any liability for payment of collection charges or service charges, which is a matter to be decided ultimately based on the outcome of the decision of the Hon'ble Supreme Court on the subject matter, which is pending before that court. 7. It is also made clear that on the event of default in payment of any one of the instalments, the respondents will be at liberty to proceed with further steps and on such event the petitioner will be precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM, JUDGE. okb