IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 33634 of 2009(Y) ------------------------------- [OS.NO.375/2006 OF THE MUNSIFF'S COURT, KOLLAM] .................... PETITIONER: ------------------- Z.RIYAS, S/O. ZACHARIYA, PUTHEN BUNGLOW, AL-AMEEN NAGAR, VADAKKEVILA, PALLIMUKKU, KOLLAM. BY ADV. SRI.P.K.MUHAMMED. RESPONDENT: --------------------- THE CHIEF MANAGER, THE SOUTH INDIAN BANK LTD., KOLLAM BRANCH. BY ADVS. SRI.K.K.JOHN, SRI.MUKESH M.PAI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33634/2009-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE E.P. NO. 90/2007 FOR REALIZATION OF LOAN AMOUNT FILED BEFORE THE MUNSIFF'S COURT, KOLLAM. EXT.P.2: COPY OF THE MEMO CONTAINING THE ENDORSEMENT OF THE RESPONDENT'S COUNSEL. EXT.P.3: COPY OF THE REPRESENTATION FILED BEFORE THE RESPONDENT BY THE PETITIONER DTD. 10/11/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.33634 OF 2009(Y) -------------------------------------------------- Dated this the 22nd day of October, 2010 J U D G M E N T In this writ petition what was claimed is the benefit of One Time Settlement Scheme. When the matter was taken up, counsel for the petitioner confines his prayer only to allow him to discharge the balance amount due in EP.No.90/2007 pending before the Munsiff Court , Kollam by way of instalments. 2. I heard the learned counsel appearing for the respondent Bank also. 3. Considering the limited nature of the relief sought, I direct that the petitioner should be permitted to remit the amount due in 5 equal monthly instalments, first of which shall be paid on or before 10.11.2010 and the subsequent instalments shall be paid on or before 10th of every succeeding month. Subject to payment as above, further proceedings before the Execution Court will be deferred. In case default is committed in paying any of the instalments, the respondents will be free to continue the proceedings already initiated. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No. /09 :2 :