IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 6151 of 2007(G) ------------------------------------- PETITIONER(S): ---------------------- 1. KUNHAMMED V.P., S/O. MOYINKUTTY, AGED 57, PAINGALIL HOUSE, 33/1260, MARIKKUNNU P.O., KOZHIKODE DT. 2. SATHI M., W/O. PEETHAMBARAN, AGED 59, PERUNTHURUTHI, ELATHUR P.O., KOZHIKODE DISTRICT. BY ADV. MR.E.NARAYANAN RESPONDENT(S): ------------------------ 1. THE DENA BANK, CHEROOTTY ROAD BRANCH, CALICUT, REPRESENTED BY ITS MANAGER. 2. THE SPECIAL DEPUTY TAHSILDAR, BANK LOAN ARREARS COLLECTION, REVENUE RECOVERY, KOZHIKODE-4. R2 BY GOVERNMENT PLEADER MR.SALIM P.A. R1 BY ADV. MR.VAKKOM N.VIJAYAN, SMT.REEJA HARI, SMT.VINITHA PRASANNAN, MR.P.ANIYAN, MR.A.S.SACHIN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 6151/2007-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REVENUE RECOVERY NOTICE DATED 08/12/2006 ISSUED BY THE SECOND RESPONDENT TO THE FIRST PETITIONER. EXT.P2: COPY OF THE REVENUE RECOVERY NOTICE DATED 08/12/2006 ISSUED BY THE SECOND RESPONDENT TO THE SECOND PETITIONER. EXT.P3: COPY OF THE REPRESENTATION DATED 01/03/2007 ISSUED BY THE FIRST PETITIONER BEFORE THE RESPONDENT BANK. EXT.P4: COPY OF THE ACKNOWLEDGMENT CARD DATED 07/03/2007 OBTAINED FOR ISSUANCE OF EXHIBITS- P3 REPRESENTATION. EXT.P5: COPY OF THE REPRESENTATION DATED 01/03/2007 SUBMITTED BY THE FIRST PETITIONER BEFORE THE DISTRICT COLLECTOR, KOZHIKODE. EXT.P6: COPY OF THE ACKNOWLEDGMENT CARD DATED 07/03/2007 OBTAINED FOR ISSUANCE OF EXHIBIT P5 REPRESENTATION. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 6151 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th August, 2009. J U D G M E N T The petitioners defaulted repayment of a loan amount taken by the 1st petitioner, for which the 2nd petitioner is the guarantor. The respondents initiated coercive proceedings for recovery of the same. Those proceedings are under challenge in this writ petition. 2. The petitioners do not dispute the liability or the quantum. They only want a facility to pay off the amounts in instalments. Having heard both sides, I dispose of this writ petition with a direction to the respondents to permit the petitioners to pay off the balance amount due in six equal monthly instalments starting from 1-9-2009. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioners pay the instalments on the due dates, further coercive proceedings shall be kept in abeyance . However, if the petitioners commit default in payment of any of the instalments, 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. Sd/- S. Siri Jagan, Judge. Tds/