IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 W.P(C).No. 20802 of 2008(B) --------------------------------------- PETITIONER: ---------------- SUSAMMA, AGED 42 YEARS, W/O. KUNJOONJUKUTTY, SONIYA BHAVAN, SOORANADU, SASTHAMCOTTA, KOLLAM DISTRICT BY ADV. SRI.K.S. MANU (PUNUKKONNOOR) RESPONDENTS: -------------------- 1. THE MANAGER, CANARA BANK, MANROTHURUTHU KOLLAM. 2. THE DEPUTY TAHSILDAR, TALUK OFFICE KUNNATHUR. BY ADV. SRI. P. GOPINATHAMENON, SC FOR BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 20802 OF 2008 (B) = = = = = = = = = = = = = = = Dated this the 10th day of July 2008 J U D G M E N T Heard both sides. 2. Petitioner had availed of a loan from the 1st respondent bank. Admittedly, default was committed and thereupon the recovery proceedings have been initiated under the provisions of the Revenue Recovery Act and it is under challenge. The only request that is made by the petitioner is that she is willing to remit the entire amount in default in two monthly instalments and that the bank may be directed to regularise the loan account. Though the counsel for the respondent bank objects to the request now made, I feel, having regard to the facts of the case and also the amount that is due, the offer made by the petitioner is reasonable. Therefore, the writ petition is disposed of directing that the petitioner shall pay the defaulted amount that is due to the 1st respondent bank, together with interest if any payable, in two equal monthly W.P.(C) No. 20802 OF 2008 - 2 - instalments, the first of which will be paid before 30.7.2008 and the balance before 30.8.2008. It is directed that on such payment the bank shall regularise the loan account and permit the petitioner to pay the remaining amount in terms of the loan agreement between the parties. It is also directed that subject to payment of the defaulted amount as above, further recovery proceedings will be kept in abeyance and it is clarified that in case default is committed by the petitioner, the bank will be free to continue the proceedings without further notice. ANTONY DOMINIC JUDGE jan/-