IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 20465 of 2010(G) -------------------------- PETITIONER(S): --------------- GIREESH KUMAR S., POIKAVILA VEEDU, MEENAMBALAM, PUTHANKULAM, KOLLAM. BY ADV. SRI.M.TRIPTEN RESPONDENT(S): --------------- 1. CHIEF MANAGER, CANARA BANK, CHINNAKKADA, KOLLAM - 691101 2. TAHSILDAR, REVENUE RECOVERY, TAHSILDAR OFFICE, KOLLAM-691335 BY GOVT. PLEADER SRI.BIJOY CHANDRAN FOR R2 ADV. SRI.E.K.NANDAKUMAR FOR R1 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 SRI.K.JOHN MATHAI FOR R1 SRI.P.BENNY THOMAS FOR R1 SRI.P.GOPINATH FOR R1 SRI.RAMU.S. FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.20465 of 2010-G ---------------------------- Dated this the 4th day of August, 2010. J U D G M E N T The petitioner availed a personal loan of Rs.75,000/- from the first respondent Bank in March 2005. But since the petitioner turned to be a defaulter, the Bank declared the account as 'NPA' and proceeded with further steps under the relevant provisions of law, leading to coercive proceedings, which made the petitioner to approach this Court by filing the present Writ Petition, seeking for immediate interference, simultaneously asking for issuance of a true statement of accounts, showing the balance amount to be paid by the petitioner. The respondent Bank has filed a statement of accounts showing the total figure of Rs.83,058/- as on 19.6.2010 with further interest. 2. The learned counsel for the Bank submits that, the default on the part of the petitioner made the Bank to approach the Civil Court by filing O.S.No.334 of 2008, which culminated in Annexure B decree, enabling the Bank to recover the due amount W.P(C) No.20465 of 2010-G 2 with interest as specified therein. It is stated that the amount shown in the statement of accounts and now demanded from the petitioner is strictly in conformity with the decree as aforesaid. With regard to the contentions of the petitioner to provide the benefit of 'OTS', the learned counsel for the Bank submits that there is no scheme of OTS as on date and that the petitioner is liable to satisfy the entire amount covered by Annexure B decree. The learned counsel for the petitioner submits that the petitioner is not in a position to raise the entire amount in a lump and that the petitioner might be permitted to clear the same, granting some breathing time in this regard. 3. Taking note of the facts and circumstances, this Court finds it fit and proper to permit the petitioner to clear the liability in a phased manner. Accordingly, the petitioner is directed to satisfy the due amount by way of 'three' equal monthly instalments; the first of which shall be effected on or before the 30th of August, 2010; to be followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to this, all further coercive proceedings pursuant to Ext.P1 shall be kept in abeyance for the time being. It is made clear that, if any default is committed W.P(C) No.20465 of 2010-G 3 by the petitioner in satisfying the due amount as above, it will be open to the respondents to proceed with appropriate steps for realisation of the entire amount in a lump. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab W.P(C) No.20465 of 2010-G 4