IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 24823 of 2011(C) ---------------------------------------- PETITIONER(S): ------------------------ SIMON CHACKO, AGED 57 YEARS, S/O. SIMON, KORIYADIYIL HOUSE, MANJADI P.O., THIRUVALLA-689 105. BY ADV. SRI.P.HARIDAS, SMT.S.SIKKY RAVISHANKAR. RESPONDENT(S): -------------------------- 1. BANK OF BARODA, REP. BY ITS REGIONAL MANAGER, REGIONAL OFFICE, ERNAKULAM-682 016. 2. MANAGER, BANK OF BARODA, MAIN BRANCH, ERNAKULAM-682 016. 3. KERALA STATE AGRO-MACHINERY CORPORATION LTD., KAMCO-KALAMASSERY, REP. BY ITS GENERAL MANAGER, SOUTH KALAMASSERY-683 109. R1 & R2 BY ADV. SRI.DEVAN RAMACHANDRAN, SRI.K.M.ANEESH, SRI.K.SANTHOSH KUMAR (KALIYANAM), SRI.S.NIKHIL SANKAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 24823 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE PAYMENT SLIPS FROM DECEMBER, 2010 TO AUGUST, 2011. EXT.P2 : TRUE COPY OF THE LETTER DTD.25.7.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P3 : TRUE COPY OF THE REPRESENTATION DTD.12.9.2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.24823 OF 2011 ---------------------------------------------- Dated this the 13th day of October, 2011 JUDGMENT The petitioner is aggrieved by recovery proceedings initiated by respondents 1 and 2 for recovery of loan amounts due from the petitioner to respondents 1 and 2. The petitioner submits that the amounts due were being deducted from his salary and because of illness he did not get salary for 2-3 months and it is under the above circumstances recovery proceedings have been initiated. The petitioner contends that the petitioner is now working and therefore respondents 1 and 2 may be directed to recover the amounts from the petitioner's salary. 2. The learned counsel for the bank opposes the same. According to the bank, there is no agreement between the parties for recovery from the salary. In fact, as admitted by the petitioner in the writ petition, proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act have been initiated for recovery of the amount. W.P.(C)No.24823/11 2 3. I have considered the rival contentions in detail. The writ petition is disposed of with the following directions: The petitioner shall pay all defaulted amounts necessary for regularisation of the loan account within one month. If the petitioner pays the same as directed above, respondents 1 and 2 shall regularise the loan account and allow the petitioner to continue to pay the instalments of repayment of loan as per the original loan agreement and if the petitioner pays the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of any one of the instalments, it would be open to respondents 1 and 2 to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE acd W.P.(C)No.24823/11 3 W.P.(C)No.24823/11 4