IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 24289 of 2009(E) -------------------------- PETITIONER(S): --------------- 1. RAMOHAN, AGED 57 YEARS, S/O.KRISHNANKUTTY PANICKER (LATE), PAVITHRAM, ENARC GARDENS, CHEROOR, THRISSUR DISTRICT. 2. DR.GEETHA, W/O.RAMOHAN, PAVITHRAM, ENARC GARDENS, CHEROOR, THRISSUR DISTRICT. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): --------------- 1. THE BANK OF INDIA, THRISSUR MAIN BRANCH, VADAKKEMADOM, BRAHMASWOM BUILDINGS, M.G.ROAD, THRISSUR REPRESENTED BY ITS SENIOR MANAGER. 2. THE DEPUTY TAHSILDAR (RR), THRISSUR. GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL ADV. SRI.KODOTH SREEDHARAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).24289/09 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- TRUE COPY OF THE DISCHARGE CERTIFICATE ISSUED FROM THE AMRITHA HOSPITAL TO THE 1ST PETITIONER. EXT.P2:- TRUE COPY OF THE PLAINT IN O.S.NO.1197/07 FILED BY THE R1 BEFORE THE SUB COURT, THRISSUR. EXT.P3:- TRUE COPY OF THE WRITTEN STATEMENT FILED IN O.S.1197/07 EXT.P4:- TRUE COPY OF THE RECEIPT EVIDENCING THE REMITTANCE IN DECEMBER 2008. EXT.P5:- TRUE COPY OF DO - DO IN JANUARY 2009 EXT.P6:- TRUE COPY OF DO - DO IN APRIL 2009 EXT.P7:- TRUE COPY OF THE DEMAND NOTICE AND SECTION 7 NOTICE DT. 17.7.09 ISSUED BY THE R2 RESPONDENT'S EXHIBITS:- NIL OKB //TRUE COPY// P.A. TO JUDGE C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.24289 OF 2009 ------------------------------ Dated this the 24th day of November, 2009 J U D G M E N T ---------------------- 1. Challenge in this writ petition is against the revenue recovery proceedings initiated at the instance of the 1st respondent Bank, for realisation of amounts due in a loan account availed by the petitioners. According to the petitioners the 1st respondent Bank had already filed a suit before the civil court for realisation of the amounts due in the loan account and the said suit is pending. It is submitted that the petitioners have already filed written statement in the above suit and the matter is being contested. Contention of the petitioners is that the steps under Revenue Recovery Act initiated for realisation of the very same amount is unsustainable. 2. It is submitted by the standing counsel appearing for the 1st respondent Bank that the loan in question is one coming within the category of 'priority sector' for which the Bank is entitled to resort to remedy under the provisions of the Kerala Revenue Recovery Act. Pendency of a civil suit is not a bar to initiating proceedings under the Revenue Recovery Act, is the contention. W.P.(C).24289/09-E 2 3. When the writ petition was moved, this court has granted a conditional stay insisting payment of an amount of Rs.50,000/- in two installments. It is reported that the petitioners had effected payment of the said amount. The amount demanded as per Ext.P7 notice is Rs.1,53,150/-. After crediting payments, the net balance will be around more than Rs.1,00,000/-. Learned counsel for the petitioners expressed willingness to pay the amount in installments within the reasonable time, provided the 1st respondent considers waiver of interest/default interest as well as expenses accrued to the account, to the possible extent. It is also contended that the Bank has to furnish statement of accounts to the petitioners, because there is serious doubts regarding correctness of the balance outstanding. 4. Having considered rival contentions and facts and circumstances of the case, I am of the opinion that some indulgence can be shown in the matter of permitting the petitioners to pay off the balance liability within a reasonable period, in installments. 5. Accordingly the petitioners are directed to make payment of a further sum of Rs.20,000/- before the 1st respondent Bank on or before 20.1.2010. The respondents are directed to keep in abeyance further coercive steps till such W.P.(C).24289/09-E 3 date. On payment of such amount the Bank shall furnish the petitioners a balance statement, after crediting all payments and after considering waiver of interest/penal interest and expenses to the possible extent. The petitioners shall continue payment of the balance amount so intimated in 6 (six) equal monthly installments starting from 15.02.2010 onwards and on or before the 15th day of every succeeding months. 6. It is made clear that on the event of default in payment of any of the installments as stipulated above, the respondents will be at liberty to take further steps pursuant to the notice already issued and on such event the petitioners will be precluded from raising any further challenge against such proceedings, either before this court or before any other forum. C.K.ABDUL REHIM, JUDGE. okb