IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 306 of 2010(K) ------------------------ PETITIONER: --------------- T.JOHN, AGED 50 YEARS, S/O.THOMAS, KOVAYATHU HOUSE @ AYURVEDIC HEALTH RESORT, PULIYANMALA KARA, KATTAPPANA, IDUKKI DISTRICT. BY ADV. SRI.A.J.JOSE(AEDAIODI) SRI.A.C.DEVASIA RESPONDENT(S): --------------- 1. KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGER, BRANCH AT KATTAPPANA, KATTAPPANA.P.O, IDUKKI. 2. DEPUTY TAHSILDAR, REVENUE RECOVERY, KERALA FINANCIAL CORPORATION, KATTAPPANA. 3. THE VILLAGE OFFICER, KATTAPPANA VILLAGE, KATTAPPANA, IDUKKI DISTRICT. R1 BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C)No. 306 OF 2010 ......................................................................... Dated this the 2nd February, 2010 J U D G M E N T The petitioner is challenging the coercive steps taken by the respondent Bank for realization of the amount due under a loan transaction. 2. The learned Counsel for the petitioner submits that the challenge raised against the steps taken by the respondents is not intended to be proceeded with any further, provided the petitioner is given some breathing time to clear the entire liability. It is also stated that the default was only because of some unforeseen circumstances, resulting certain downfall in the business and that every earnest effort is being made to discharge the liability. It is also submitted that it is with this intent that the petitioner has approached the first respondent and filed Ext. P4 representation, assuring that the entire outstanding liability will be cleared within six months. It is W.P.(C)No. 306 OF 2010 2 further stated that, to prove his bonafides, the petitioner will continue to effect payment of interest in respect of the due amount to be satisfied every month. 3. Heard the learned Standing Counsel appearing for the first respondent-Kerala Financial Corporation, who submits with reference to the statement filed on behalf of the said respondent that there is absolutely no merit or bonafides on the part of the petitioner and that he was not at all eager in discharging the liability at any point of time . It is also brought to the notice of this Court that the petitioner has remitted only about Rs. One lakh, whereas the outstanding liability as on 01.01.2010 is nearly Rs.24.44 lakhs. The learned Standing Counsel also submits that Ext.P4 representation can be considered, only if the petitioner proves his bonafides by effecting some substantial payments. 4. Considering the facts and circumstances, the petitioner is directed to remit a sum of Rs. Three lakhs within three weeks, on which event , the first respondent shall consider Ext.P4 and pass appropriate orders thereon, after giving an opportunity of hearing to the petitioner . Subject to the above, all further W.P.(C)No. 306 OF 2010 3 recovery proceedings being pursued against the petitioner shall be kept in abeyance. It is made clear that in the event of non- compliance of the direction given as above, the respondents will be free to proceed with appropriate steps, by continuing Ext.P2 proceedings from the stage where it stands now. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk