IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 8561 of 2010(U) --------------------------------------- PETITIONER(S): ----------------------- BINUKUMAR. R., S/O.RASALAYYAN NADAR, KUNNAMKUZHIVEEDU, KEEZHKOLLA, VATTAVILA P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. MR.BLAZE K.JOSE RESPONDENT(S): -------------------------- 1. THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD., UDIYANKULLANGARA BRANCH, NEYYATTINKARA, THIRUVANANTHAPURAM, REPRESENTED BY ITS BRANCH MANAGER. 2. SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION, THIRUVANANTHAPURAM. R2 BY GOVERNMENT PLEADER MR.BIJOY CHANDRAN. R1 BY ADV. MR.K.G. RADHAKRISHNAN, SC, DIST. CO.OP. BANK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R. RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No. 8561 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of March, 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T The petitioner is aggrieved of the coercive steps taken by the respondent bank, invoking the machinery under the RR Act. The learned counsel for the petitioner submits that, the petitioner does not want to avail the statutory remedy by approaching the DRT, against the steps taken by the bank and that the only prayer pressed for consideration before this Court is to provide some reasonable time to clear the liability by way of installments. 2. The learned counsel appearing for the respondent bank submits on instructions, that the prayer to have '12' monthly installments is much on the higher side. 3. After taking note of the rival contentions, this Court is of the view that some indulgence can be shown by permitting the petitioner to pay off the entire liability in '8' W.P.(C).No. 8561 of 2010 2 equal monthly installments; the first of which shall be effected on or before the 30th of this month and the remaining installments to be effected on or before the 30th of the succeeding months. Subject to this, the recovery proceedings being pursued against the petitioner shall be kept in abeyance. It is also made clear that, if any default is committed by the petitioner, the respondent bank will be at liberty to proceed with further appropriate steps, for the realisation of the entire amount in a lump sum. The writ petition is disposed of as above. P.R. RAMACHANDRA MENON JUDGE nl