IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 11147 of 2011(P) -------------------------- PETITIONER(S): --------------- BINDU GEORGE, CHAMBAKOTTUKUDIYIL HOUSE, AYAKKADU, THRIKKARIYOOR.P.O., KOTHAMANGALAM. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): --------------- THE MANAGER, STATE BANK OF INDIA, KOTHAMANGALAM BRANCH. SC SRI.R.SKALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11147 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE RELEVANT EXTRACT OF THE TERM LOAN ACCOUNT PASS BOOK EXT.P2- TRUE COPY OF THE LEGAL NOTICE DATED 6.9.10 EXT.P3- TRUE COPY OF THE RECEIPT DATED 20.9.10 ISSUED BY THE RESPONDENT EXT.P4- TRUE COPY OF THE REPRESENTATION DATED 2.10.10 EXT.P5- TRUE COPY OFO THE LETTER DATED 6.10.10 ISSUED BY THE RESPONDENT EXT.P6- TRUE COPY OF THE NOTICE DATED 14.12.10 EXT.P7- TRUE COPY OF THE REPRESENTATION DATED 31.1.2011 EXT.P7(a)- TRUE COPY OF THE COURIER RECEIPT (True Copy) P.A. To Judge ANTONY DOMINIC, J .............................................. W.P.(C).11147/2011 .............................................. Dated this the 4th day of July, 2011 JUDGMENT Petitioner availed of a loan of Rs.1,00,000/- under the Prime Minister's Rosekar Yojana (PMRY) Scheme on 11.12.2003, from the respondent/Bank. When defaults were committed by the petitioner, the Bank initiated steps for realization of its dues. It is at that stage that, the writ petition is filed seeking an order to permit the petitioner to repay the amount due to the Bank in instalments. 2. Heard the learned Standing Counsel appearing for the Bank, who submits on instructions, that as the petitioner failed to re-pay the loan amount, the Bank initiated proceedings for recovery and that it is entitled to recover the amount, as is proposed now. 3. In the above facts and circumstances, the Bank cannot be faulted for having initiated the recovery proceedings, since the petitioner had committed default in repaying the loan amount. W.P.(C).11147/2011 2 4. Be that as it may, taking note of the fact that the only request made by the petitioner is to provide her an instalment facility, I feel it appropriate that such a facility should be granted to the petitioner. 5. Therefore, I dispose of this writ petition directing that the petitioner will be permitted to re-pay the amount due, in ten equal monthly instalments, first of which will be paid on or before 20.7.2011 and subsequent instalments will be paid on or before 20th of every succeeding month. It is made clear that if any default is committed by the petitioner in paying the amount as aforesaid, it will be open to the Bank to continue with the recovery proceedings. 6. In order to enable the petitioner to know the exact amount due, it is directed that on the petitioner producing a copy of this judgment, respondent/Bank will issue to the petitioner a statement of accounts, indicating the amount due and also the monthly instalments to be paid. ANTONY DOMINIC, Judge mrcs