IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 23053 of 2008(T) ------------------------------------- PETITIONER: -------------------- SUKUMARAN, S/O. APPUNNI, AGED 57 YEARS, THEKKETHARA, MANJAPPRA, KANNAMBRA II VILLAGE, ALATHUR TALUK, PALAKKAD. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENTS: ---------------------- 1. SPECIAL SALE OFFICER, APCARD BANK LIMITED, ALATHUR, PALAKKAD. 2. THE SECRETARY, APCARD BANK LIMITED, ALATHUR, PALAKKAD. BY ADV. SRI.P.K.VIJAYAMOHANAN FOR R2 SRI.NISHIL.P.S. FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ----------------------------------------------- W.P.(C) NO. 23053 OF 2008 (T) ----------------------------------------------- Dated this the 4th day of September, 2008 J U D G M E N T The petitioner availed a business loan from the second respondent bank. He defaulted in repayment. The facility was, therefore, recalled and action taken for recovery. While it is true that the repayment period stretches upto February 2010 the petitioner has to pay the accrued outstandings, if he wants to continue with the transaction. However, the purpose of the loan was for bell metalling and the loan amount was Rs.3,00,000/-, The petitioner has complied with the conditions imposed on him as per the interim order dated 30-07-2008. In the aforesaid circumstances, this writ petition is ordered on the basis of the submissions on either side directing that if the petitioner remits the W.P.(C) No.23053/2008 - 2 - outstandings due, as may be decided by second respondent in four instalments, payable on or before the last working day of every month, commencing from September, 2008, the second respondent will do the needful to regularise the transaction, provided the petitioner continues to remit the other due instalments also, in the meanwhile. All necessary incidentals and other charges including any penalty for this facility will be fixed at the discretion of the second respondent, in accordance with law. This writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/4/9 // True copy // P.A. to Judge.