IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 16390 of 2009(P) -------------------------- PETITIONER(S): --------------- V.S.BIMAL, AGED 30 YEARS, S/O.K.SURENDRAN, `USHUS', CHENKULAM, VELINALLOOR, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): --------------- 1. THE GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK, KOLLAM. 2. THE SPECIAL SALE OFFICER, DISTRICT CO-OPERATIVE BANK, KOLLAM. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KOTTARAKKARA. MR.K.C.SANTHOSHKUMAR, GOVERNMENT PLEADER MR.B.VINOD, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.16390 of 2009 --------------------------------- Dated, this the 15th day of June, 2009 J U D G M E N T The petitioner had availed of a personal loan from the 1st respondent Bank. Default was committed, resulting in Ext.P3 award. The Bank initiated recovery proceedings by filing Ext.P2 execution petition. Subsequently, Ext.P1 E.A. demand notice has been issued demanding an amount of Rs.1,71,938/- and other dues. It is at that stage, this writ petition is filed, and the contention raised by the learned counsel for the petitioner is that Ext.P3 award was an exparte one. However, the learned counsel for the petitioner submits that the petitioner wants to discharge the liability, and what is sought for is an instalment facility to pay off the amount due and to avoid coercive action against the properties mortgaged. 2. Having heard the learned counsel for the petitioner, and also considered by submissions in the writ petition, I am inclined to dispose of the writ petition giving an opportunity to the petitioner to discharge the liability in instalments in the following manner:- WP(C) No.16390/2009 -2- That for clearing the entire amount that is due to the 1st respondent, which is sought to be recovered by Exts.P1 & P2, I direct that the petitioner be permitted to pay the amount due in six equal monthly instalments. The first instalment will be paid on or before 30/06/2009, and the subsequent instalments will be paid on or before 30th of every succeeding months. Subject to payment of the aforesaid amount without default, it is directed that coercive action initiated against the properties of the petitioner shall be kept in abeyance, and in case, default is committed in paying any one of the instalments, the Bank will be free to continue the proceedings in accordance with law. 3. The petitioner shall produce a copy of this judgment immediately before respondents 1 & 2 for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg