IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 3996 of 2009(A) ------------------------- PETITIONER(S): --------------- M/.ISMAIL, MULLAMANGALAM HOUSE PANMANA PO, MAVELI MURI, CHAVARA. BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE TAHSILDAR (REVENUE RECOVERY) TALUK OFFICE KARUNAGAPPALLY. 2. STATE BANK OF TRANVANCORE REPRESENTED BY ITS CHIEF MANAGER, CHAVARA. BY GOVERNMENT PLEADER MR.BEJOY CHANDRAN FOR R1 SRI.SAJI VARGHESE, SC, SBT FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 3996 OF 2009 A ```````````````````````````````````````````````````` Dated this the 17th day of February, 2009 J U D G M E N T Petitioner availed an educational loan to meet the expenses for the education of his daughter. But, he could not remit the instalments in time and recovery steps have been started. 2. I heard learned counsel for the petitioner, learned Government Pleader and learned counsel on behalf of the Bank. Learned counsel for the Bank points out that the loan was taken in the year 2002, the interest was payable from then and the instalments were payable only from 2007. It is also pointed out that the amount due is demanded and there is nothing wrong in this proceedings. Learned counsel for the petitioner sought time to pay off the amount. He also sought that the loan repayment period may be rescheduled. Learned counsel for the Bank submits that having regard to the amounts payable, there is no scope of rescheduling but, at the same time, the petitioner can be given some time to pay off the amounts. Learned counsel for the petitioner has a case about the rate of interest. According to the WPC.3996/09 : 2 : learned counsel for the Bank, what is demanded is only the contractual rate. 3. In such circumstances, writ petition is disposed of as follows. Exts.P3 and P4 shall be kept in abeyance on condition that the petitioner remits a sum of Rs.1 lakh on or before 31.3.2009 and the balance amount in six equal monthly instalments, first of which shall be paid on or before 1.5.2009 and the further instalments shall be paid on or before the first working day of the succeeding months. If the petitioner makes default in remitting Rs.1 lakh or any other instalments, the petitioner will lose the benefit of this judgment and it will be open to the respondents to proceed against the petitioner in accordance with law. If the matter is not progressed beyond Ext.P3 notice, it is ordered that the petitioner need not pay collection charges. The 2nd respondent Bank will serve a statement on the petitioner, within two weeks from the date on which the petitioner remits Rs.1 lakh, showing the exact amount of the instalment the petitioner has to pay in terms of this judgment. Sd/- (K.M.JOSEPH, JUDGE) aks