IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 24860 of 2011(F) -------------------------- PETITIONER(S): ---------------------- 1. SANDEEP GEORGE, S/O.GEORGE, AGED 37, PALAKKATT HOUSE, VAZHAKKULAM P.O., ERNAKULAM-686 670. 2. ELSY JOSEPH, W/O.GEORGE, AGED 69, PALAKATT HOUSE, VAZHAKKULAM P.O., ERNAKULAM-686 670. BY ADVS. SRI.MATHEWS K.PHILIP SMT.T.MANASY SRI.M.T.SEBASTIAN MUNDACKAL RESPONDENT(S): ------------------------- 1. STATE BANK OF TRAVANCORE, THODUPUZHA BRANCH, IDUKKI-685 584. 2. DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, MINI CIVIL STATION, MUDAVOOR P.O., MUVATTUPUZHA-686 669. 3. VILLAGE OFFICER, MANJALLOOR VILLAGE, MUVATTPUZHA-686 669. 4. SPECIAL TAHSILDAR, ANGAMALY-SABIR LAND ACQUISITION OFFICE, MINI CIVIL STATION, INDIAN RAILWAY, MUVATTUPUZHA-686 669. BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24860 of 2011(F) --------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1 COPY OF THE NOTICE DATED 22.8.2011 ISSUED BY THE FIRST RESPONDENT BANK. EXT.P2. COPY OF THE REVENUE RECOVE RY NOTICE NO.6385/11 DATED 11.8.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P3. COPY OF THE REVENUE RCOVERY NOTICE NO.6389/2011 11.8.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P4. COPY OF THE REVENUE RECOVERY NOTICE NO.6390/11 DATED 11.8.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P5. COPY OF THE OBJECTION FILED BY THE PETITIONERS TO EXHIBIT P2 TO P4 NTICES. RESPONDENT'S EXHIBITS : NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.24860 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of September, 2011 J U D G M E N T The petitioners are defaulters in repayment of loan amounts availed of by them from the 1st respondent - State Bank of Travancore. The 1st respondent initiated revenue recovery proceedings for recovery of the outstanding amounts. That is under challenge in this writ petition. The petitioners' contention is that, the interest rate has been wrongly calculated and the petitioners need time to pay off the amounts. The petitioners seek One Time Settlement benefit also. The petitioners submit that, the petitioners may be given instalment facility to pay off the amounts. 2. The prayers are opposed by the counsel for the Bank. 3. In the facts and circumstances of the case, I dispose of this writ petition with the following directions: The respondents shall permit the petitioners to pay off W.P.(C)No.24860 of 2011 -2- the balance amount due in 12 (twelve) equal monthly instalments starting from 01.11.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioners pay the instalments on due dates without default, further recovery proceedings under the Act shall be kept in abeyance. However, if the petitioners commit default in payment of any one of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. It will also be open to the petitioners to approach the 1st respondent for reduction in interest which shall be considered by the 1st respondent in accordance with the loan agreement and the bank's policy. If the petitioners apply for One Time Settlement benefit, if any scheme is available, the same shall also be considered and orders shall be passed by the 1st respondent. But I make it clear that, if the petitioners are given One Time Settlement benefit, the benefit has to be availed of in accordance with the W.P.(C)No.24860 of 2011 -3- provisions of the scheme, in which event, the petitioners will not be eligible for instalment facility. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/