IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 WP(C).No. 12181 of 2011(W) --------------------------------------- PETITIONER: ------------------- M.K.ABOOBAKAR, S/O.KHADER, MANJALAMKUNNEL HOUSE, PALLARIMANGALAM P.O., ERNAKULAM DIST. BY ADV. SRI.SAJAN MANNALI. RESPONDENTS: ------------------------ 1. THE MANAGER, STATE BANK OF TRAVANCORE, MUVATTUPUZHA BRANCH, MUNICIPAL SHOPPING COMPLEX, KACHERITHAZHAM, ERNAKULAM DIST., MUVATTUPUZHA – 683 524. 2. DEPUTY TAHSILDAR, (REVENUE RECOVERY), KOTHAMANGALAM – 683 134. 3. ASST.GENERAL MANAGER, REGION II, (CONTROLLING OFFICER), STATE BANK OF TRAVANCORE, ZONAL OFFICE, PANAMPILLY NAGAR, ERNAKULAM – 682 020. R1 & R3 BY ADV. SRI.SATHISH NINAN, S.C, R2 BY SR. GOVT. PLEADER SRI. MATEW GEORGE VADAKKEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 12181 of 2011 --------------------------------- Dated this the 10th day of June, 2011 JUDGMENT Revenue Recovery steps initiated on the basis of Ext.P4 notice for realising amounts due from the petitioner towards arrears in a loan account availed by him from the 1st respondent Bank, is challenged in this writ petition. Eventhough various contentions are raised refuting the liability as well as disputing correctness of the amounts under demand, I do not find any legally tenable ground to hold that the petitioner is not liable for payment of the amounts sought to be recovered. However, dispute regarding correctness of the demand could not be adjudicated in a proceedings under Article 226 of the Constitution of India. 2. When the writ petition came up for admission, by way of indulgence, an interim stay against the coercive steps was granted, subject to condition of the petitioner remitting a sum of Rs.1,00,000/- in two equal monthly instalments falling due on or before 30.4.2011 and 31.5.2011. It is submitted by the learned WP(C) .12181/2011 2 counsel for the petitioner that the condition has already been complied with. 3. Learned counsel for the petitioner seeks indulgence of this court in permitting payment of the balance amount in a phased manner, within a reasonable time. He made attempt to illustrate the pathetic financial situations which is being faced by the petitioner and seeks for maximum indulgence. 4. Heard; counsel appearing for the 1st respondent Bank. Considering the facts and circumstances, I am of the view that indulgence can be shown in permitting the petitioner to pay off the liability in instalments, within a reasonable time. 5. Accordingly, the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery initiated pursuant to Ext.P4 notice, provided the petitioner remits the entire balance along with interest and other charges if any due, in 6(six) equal monthly instalments falling due on or before 30.6.2011 and on or before the last day of the succeeding months. 6. It is made clear that on the event of default committed WP(C) .12181/2011 3 in payment of any one of the instalments as stipulated above, the respondents will be free to proceed with further steps pursuant to the notices already issued and on such event the petitioner will be precluded from raising any subsequent challenge against such proceedings . C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .12181/2011 4