IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WP(C).No. 5714 of 2008(E) ------------------------- PETITIONER(S): --------------- HARIHARAN, AGED 45 YEARS, S/O.KOCHURAMAN, CHATHANKADATH HOUSE, PADIYOOR P.O., THRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. EDATHIRINJI SERVICE CO-OPERATIVE BANK LTD.NO.R 137, EDATHIRINJI, THRISSUR DIST., REP. BY SECRETARY. 2. THE SALE OFFICER/CO-OPERATIVE INSPECTOR, O/O. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MUKUNDAPURAM, IRINJALAKUDA. ADV. SRI.G.SREEKUMAR (CHELUR) FOR R1 GOVT. PLEADER SRI. K.C. MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 5714/2008 -------------------------------------------------------------------- EXT.P1 TRUE COPY OF DEMAND NOTICE IN E.P. 277/06 DT. 22-3-2006. EXT.P1(a) NOTICE DT. 22-3-2006. EXT.P1(b) NOTCE DT. 22-3-2006. EXT.P2 REPRESENTATION DT. 7-4-2006. EXT.P3 REPRESENTATION DT. 11-2-2008. EXT.P4 RECEIPT DT. 27-2-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 5714 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th October, 2009. J U D G M E N T The petitioner is challenging coercive recovery proceedings for recovery of defaulted loan amounts due from the petitioner to the respondents. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks a direction to the respondents to permit the petitioner to pay off the balance amounts in instalments. 2. I have heard the learned counsel for the bank, who opposes the same. He contends that the petitioner has been given enough opportunity to pay off the amounts, which the petitioner has not chosen to avail of. 3. I have considered the rival contentions in detail. 4. At the time of admission, this Court directed the petitioner to pay Rs. 2 lakhs out of Rs. 10 lakhs. It is admitted that the said amount has been paid. I am of opinion that the respondents can show some more leniency to the petitioner in the matter of payment of balance amount in instalments. In the above circumstances, the writ petition is disposed of with a direction to the respondents to permit the petitioner to pay the balance amount due from the petitioner in 10 equal monthly instalments starting from 1-11-2009. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments in time without default, further coercive proceedings shall be kept in abeyance. However, if the W.P.C. No. 5714/08 -: 2 :- petitioner commits default in payment of any of the instalments, it would be open to the respondents to continue the proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/ The words “out of Rs. 10 lakhs” occurring in the first sentence in paragraph 4 of the judgment dated 12/10/2009 in W.P(C) No. 5714/2008 are omitted as per order dated 04-11-2009 in R.P. No. 1066/2009 in W.P(C) No. 5714/2008. Sd/- Registrar (Judicial)