IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 17726 of 2009(I) -------------------------- PETITIONER: --------------- K.SIVADASAN,SIVANIVAS, OOTTARA, KAZHIVOOR P.O., THIRUVANANTHAPURAM. BY ADV. MR. AJITH KRISHNAN RESPONDENTS: --------------- 1. THE TRIVANDRUM DISTRICT CO-OPERATIVE BANK LT.,REPRESENTED BY ITS GENERAL MANAGER, THIRUVANANTHAPURAM. 2. MANAGER AND AUTHORISED OFFICER, DISTRICT CO-OPERATIVE BANK, KANJIRAMKULAM BRANCH, THIRUVANANTHAPURAM. BY ADV. MR. K.G. RADHAKRISHNAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 17726 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 25th day of June, 2009 JUDGMENT The petitioner has approached this Court challenging the coercive proceedings taken by the respondent Bank, when he turned to be a chronic defaulter in satisfying the liability towards the loan account, which has been declared as 'NPA'. 2. The case of the petitioner is that, he is an agriculturist and the repayment of the loan as scheduled could not be effected because of the adverse circumstances and losses sustained, despite which earnest efforts are being made to clear the liability, for which some breathing time sought for. 3. The learned counsel appearing for the respondent Bank submits that, several opportunities have already been given to the petitioner to satisfy the liability, which however were not properly utilized by the petitioner, but for continuing to evade the repayment offering some or other excuses. 4. After considering the rival contentions and also taking note of the submissions made from the part petitioner that he is ready and willing clear the entire outstanding arrears by way of some installments, the petitioner is permitted to clear off the same by way seven equal regular monthly installments. The first installment shall be effected on WP (C) No. 17726 of 2009 : 2 : or before the 25th of July, 2009 and the remaining installments shall be effected on or before the 25th of the succeeding months. It is made clear that, if the petitioner commits any default in effecting the installments, as aforesaid, the respondent Bank will be at liberty to proceed with further steps for realization of the entire amount in lump sum. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd