IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 14405 of 2011(A) -------------------------- PETITIONERS: --------------- LUUCY JOSE , W/O JOSE V.O., VADAKKUMPADAN HOUSE, VELLANIKKARA P.O.,THRISSUR BY ADV. MR.SHEJI P.ABRAHAM RESPONDENTS: --------------- 1. MANAGER, BANK OF INDIA, MAVOOR ROAD BRANCH, CALICUT-PIN-673003 2. DEPUTY THAHASILDAR(RR) TRICHUR-PIN-680601 R1 BY ADV. MR.K.K.JOHN MR.BIJOY CHANDRAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14405 of 2011(A) APPENDIX -------------- PETITIONER'S EXHIBITS ----------------------------------- P1:- COPY OF THE DEMAND NOTICE NO.RR2-2011/1536/8/600 DTD.22.3.11 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P2:- COPY OF THE DEMAND NOTICE NO.RR2-2011/1536/8/600 DTD.22.3.11 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. RESPPONDENT'S EXHIBITS :- NIL. //TRUE COPY// PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.14405 OF 2011 ---------------------------------------------- Dated this the 4th day of July, 2011 JUDGMENT The petitioner is a member of bus owners association, Kozhikode. The petitioner availed of a vehicle loan of Rs.2 lakhs from the 1st respondent bank. The petitioner defaulted repayment of the said loan amount. The bank initiated revenue recovery proceedings for recovery of the amount, which is under challenge in this writ petition. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay the amount in instalments. 2. This is opposed by the learned counsel for the respondents. He would point out that the petitioner has not even complied with the interim order of this Court dated 30.5.2011 to pay an amount of Rs.50,000/- on or before 24.6.2011. 3. The learned counsel for the petitioner submits that the petitioner would need two more weeks' time to pay off Rs.50,000/- as directed in the interim order. 4. Having heard both sides, taking a lenient view, I W.P.(C)No.14405/11 2 dispose of this writ petition with the following directions: The petitioner shall pay Rs.50,000/- as per the interim order dated 30.5.2011 within one week. The balance amount shall be paid in five equal monthly instalments starting from 1.9.2011. If the petitioner pays the initial amount of Rs.50,000/- and instalments on due dates without default, further coercive proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of either the initial amount or any of the subsequent instalments on due dates, it would be open to the respondents 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.14405/11 3 W.P.(C)No.14405/11 4