IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WP(C).No. 13587 of 2009(P) ----------------------------------------- PETITIONER(S): ------------------------ K.VISHNU DAS, AGED 51, S/O GOPALAN NAIR, KAMMANA HOUSE, MAYANAD POST, CALICUT-673008. BY ADV. MR.G.SREEKUMAR (CHELUR) RESPONDENT(S): -------------------------- 1. THE BANK OF MAHARASHTRA, REP. BY ITS MANAGER, CALICUT BRANCH, CALICUT. 2. THE AUTHORISED OFFICER, THE BANK OF MAHARASHTRA, CHENNAI REGIONAL OFFICE, NO.4, SIVAGNANAM ROAD, T NAGAR, CHENNAI-600017. 3. C.M.PUSHPAVALLI, ANJALI HOUSE, MAYANAD P.O., CALICUT-673008. ADV. MR.S.B.PREMACHANDRA PRABHU FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13587/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE DEMAND NOTICE SERVED ON THE PETITIONER DT. 17.12.08. P2:_ COPY OF THE RECEIPT FOR PAYMENT DT. 31.3.08. P3:- COPY OF THE RECEIPT FOR PAYMENT DT. 29.9.08. P4:- COPY OF THE RECEIPT FOR PAYMENT DT. 29.9.08. P5:- COPY OF THE RECEIPT FOR PAYMENT DT. 30.4.09. P6:- COPY OF THE RECEIPT ISSUED EVIDENCING DEPOSIT OF RS. 50,000/- ON 26.5.09. TRUE COPY P.A. TO JUDGE TSS P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 13587 OF 2009 ----------------------------------- Dated this the 2nd day of July, 2009 JUDGMENT The learned counsel for the petitioner submits that, the condition imposed by this Court while granting the interim order has already been complied with. Learned counsel for the petitioner further submits that, the entire outstanding liability will be cleared, provided some breathing time is given in this regard. 2. Heard the learned counsel for the respondent Bank as well who submits on instructions that, the remaining liability is about Rs.3.5 lakhs with interest and cost. 3. Considering the facts and circumstances, the petitioner is directed to clear the entire outstanding liability by way of six equal monthly instalments of Rs.60,000/-, the first of which shall be paid on or before the 30th of this month, to be followed by similar instalments on or before the 30th of the succeeding months. It is made clear that, if any default is committed by the petitioner in satisfying the liability as above, the respondent Bank will be at liberty to proceed with further coercive steps from the present stage, for realisation of the entire amount in a lump sum. The actual amount payable will be finalised on the basis of the intimation to be given by the Bank in this regard and appropriate modification shall be effected in the last instalment. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON, JUDGE dnc