IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 19337 of 2010(N) ---------------------------------- PETITIONER(S): ----------------------- SEBASTIAN SUNDARAN, S/O.SEBASTIAN, AGED 63 YEARS, THEKKUMKARA VEEDU, MARAKUNNAM, NEYYAR DAM P.O. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): ------------------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE GENERAL MANAGER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, THIRUVANANTHAPURAM. BY SRI.K.G.RADHAKRISHNAN SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. -------------------------------- W.P.(C).No.19337 of 2010 ---------------------------------------- Dated this the 22nd day of June, 2010 JUDGMENT The petitioner had availed a consumption loan of Rs.1,40,000/- in the year 2003 from Thiruvananthapuram District Co-operative Bank. Since he could not remit the monthly instalments in time, repayment of the loan is remaining in default. According to the petitioner, he had approached the Hon'ble Minister, who in turn forwarded his request for remission to clear the debt, to the Joint Registrar. Though the Joint Registrar directed the bank to stop the recovery proceedings and to give maximum concession to the petitioner, the petitioner complains that the request has been rejected by the bank. Therefore, the petitioner seeks appropriate directions for being extended the benefits of remission of interest. 2. According to the counsel for the petitioner, the petitioner is facing financial problems and therefore, he is not in a position to pay the entire amount due in a lump. W.P.(C).No.19337 of 2010 2 Therefore, he prays for a facility to pay the amount in instalments. 3. Advocate Sri.K.G.Radhakrishnan who appears for the Thiruvananthapuram District Co-operative bank submitted that the loan was availed in the year 2003 and that no amount has been paid till date. The petitioner has been levelling allegations against the bank without any basis. If the petitioner is ready to pay the amount in instalments, even such a facility can extended to him provided the instalments are paid without default. 4. In the above circumstances this writ petition is disposed of directing the petitioner to remit an amount of Rs.50,000/- towards the defaulted loan amount due from the petitioner before 7.7.2010. The petitioner shall pay the balance amount due to the bank in monthly instalments of Rs.10,000/- each starting from 5.8.2010. The succeeding monthly instalments shall be paid on the 5th of every succeeding month thereafter. All coercive action initiated by the bank for recovery of the amount due from the W.P.(C).No.19337 of 2010 3 petitioner shall be kept in abeyance provided the payments are made stipulated above. I make it clear that in the event of petitioner defaulting payment of the initial amount of Rs.50,000/- or any of the two instalments thereafter, the bank shall free to initiate action for recovery of the entire amount due from the petitioner in accordance with law. The Writ Petition is disposed of as above. No costs. This judgment is without prejudice to the rights of the petitioner to move for either remission of interest or for the benefit of the one time settlement scheme, if any in force. K.SURENDRA MOHAN, JUDGE. mns W.P.(C).No.19337 of 2010 4