IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 31707 of 2009(G) ---------------------------------- PETITIONER(S): -------------------- SHAMSAM BEEVI,D/O.PATHIMUTHU, SHAJEENA MANZIL,NEAR GOVERNMENT U.P.S, NILAMEL.PO. BY ADV. MR.M.DINESH RESPONDENT(S): ----------------------- 1. MANAGER, INDIAN BANK, CHADAYAMANGALAM BRANCH. 2. DEPUTY TAHSILDAR(R.R), TALUK OFFICE,KOTTARAKKARA TALUK, KOLLAM DISTRICT. STANDING COUNSEL MR. S. EASWARAN GOVERNEMNT PLEADER MR. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sou. C.K. ABDUL REHIM, J - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 31707 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2009 JUDGMENT The petitioner is the secretary of Self Help Group of Women formed under the name and style as 'Anaswara Self Help Group', which is intended for providing self employment to its members. The first respondent bank has granted loan to the tune of Rs.2,35,000/-, which is distributed through the petitioner to its members. Even though considerable repayments were effected, continued payment was defaulted due to reasons beyond control of the members of the group. Consequently, at the instance of the first respondent, revenue recovery steps were initiated as evidenced from Exts.P1 and P2 notices, for realisation of a sum of Rs.1,83,842/-. The notices are issued in the name of the petitioner and 10 others. According to the petitioner the recovery steps initiated against the petitioner is not sustainable, because the loan was availed by the above said group and the petitioner alone is not personally liable. 2. However, the learned counsel appearing for the petitioner conceded that the petitioner along with other W.P.(C) No. 31707 OF 2009 -2- members are taking step to pay off the liability and that the entire arrears can be paid within a reasonable time, in installments. Therefore, indulgence of this court is sought for, in the matter of issuing directions to keep in abeyance coercive steps in order to facilitate the payment of the balance amounts in installments. 3. Learned Standing Counsel appearing for the first respondent submitted that, arrears outstanding will be around Rs.1,87,000/-. It is submitted that after effecting some repayments the loan was defaulted and the bank was constrained to initiate proceedings under the Revenue Recovery Act. 4. Having considered facts and circumstances, I am of the opinion that some indulgence can be shown in the matter on permitting the petitioner to pay the entire arrears within the reasonable time, in installments. Accordingly, the writ petition is disposed of directing the petitioner to make payment of the outstanding, along with further interest due, in six equal monthly installments starting from 15.1.2010 onwards and on or before the 15th day of the succeeding months. The respondent shall inform the petitioner about the net balance payable after W.P.(C) No. 31707 OF 2009 -3- considering waiver of penal interest and expense to the possible extent. It is made clear that on the event of default in making payment of any of the installments, the respondents will be free to proceed with further coercive steps. C.K. ABDUL REHIM(Judge) jma