IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 14482 of 2011(I) -------------------------------------- PETITIONER(S): ----------------------- BABY GLEESON ZACHARIAH, S/O.V.S.BABY, AGED 40, VETTIKATTLE HOUSE, PANGARAPILLY P.O, MULANTHURUTHY, ERNAKULAM DISTRICT. BY ADV. SRI.K.C.ELDHO SRI.JIJO THOMAS RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO THE GOVERNMENT, DEPT. OF LAND REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-1. 2. DEPUTY TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM, COCHIN-11. 3. THE MANAGER, CANARA BANK, BRANCH AT BANERJEE ROAD, ERNAKULAM, COCHIN-18. R1 & R2 BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN R3 BY ADV.SRI.PAULY MATHEW MURICKEN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.14482/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PLAINT IN OS NO.16 OF 2009 ON THE FILE OF THE SUB COURT, ERNAKULAM. P2 COPY OF THE RR NOTICE BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 14482 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of July, 2011 J U D G M E N T The petitioner obtained a loan from the 3rd respondent Bank. He committed default in repayment. Therefore recovery proceedings were initiated by the bank through respondents 1 & 2. That is under challenge in this writ petition. This court passed the following interim order on 30.05.2011. “SC for 3rd respondent Bank seeks time to get instructions. Meanwhile, there will be an interim stay against further coercive steps of recovery initiated pursuant to Ext.P2 notice, subject to condition of the petitioner remitting a sum of Rs.50,000/- (Rupees fifty thousand only) on or before 25.6.2011.” The petitioner submits that the amount as directed in the order has been paid. The petitioner seeks time to pay the balance amount. This is opposed by the counsel for the 3rd respondent. However taking a lenient view, I dispose of this writ petition with the following directions: The petitioner shall be paid the balance amount due in six (6) equal monthly installments starting from 01.08.2011. W.P.(C)No. 14482 of 2011 -2- Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the installments on due dates without default, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in any one of the installments, it would be open to the respondents to recover the entire amount in a lump sum by appropriate coercive legal proceedings. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/