IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 4284 of 2009(I) ------------------------------------------ PETITIONER(S): --------------------- F.M.RAZACK. S/O.MAMMAD KOYA MATHILAKATH PARAMBA, MAVOOR POST, KOZHIKODE DISTRICT. BY ADV. SRI.K.P.SUDHEER SMT.P.JAYALAKSHMI RESPONDENT(S): ------------------------- 1. THE SPECIAL DEPUTY TAHSIDLAR, BANK LOAN ARREARS COLLECTION, REVENUE RECOVERY KOZHIKODE-4 2. BANK OF INDIA, CALICUT, RERPESENTED BY ITS MANAGER. R1 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN R2 BY SHRI DEVAN RAMACHANDRAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 4284 OF 2009 I -------------------------------------- Dated this the 11th February, 2009 JUDGMENT I heard the learned counsel for the petitioner, learned standing counsel and the learned Government Pleader. 2. Petitioner availed a loan. It was not repaid. Recovery steps are challenged. I do not see any merit in the contention that recovery cannot be made. But, I feel that the petitioner can be permitted to pay off the entire amount with due interest in eight equal monthly instalments, the first of which shall be payable on or before 1.3.2009 and the remaining instalments on or before the first working day of every succeeding month. If the petitioner does not remit any single instalment, he will lose the benefit of this Judgment and it will be open to the respondents to proceed against the petitioner in accordance with law. The second respondent Bank will serve a Statement on the petitioner within two weeks from today showing the exact amount payable as instalments in terms of this Judgment. WPC.4284/09 I 2 Petitioner need not pay collection charges. It is submitted on behalf of the petitioner that no further steps have been taken apart from issuing Ext.P1. Recovery proceedings will be kept in abeyance if the petitioner continues to pay in accordance with this Judgment. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge