IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 8785 of 2009(P) ------------------------- PETITIONER(S): ----------------- SUNDARAN, PARAKAL HOUSE, P.O.CHALAPPURAM, KOZHIKODE. BY ADV. SMT.T.RESMI DAMODARAN RESPONDENT(S): ------------------ KOZHIKODE DISTRICT CO-OPERATIVE BANK, KALLAI ROAD, KOZHIKODE. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 8785 OF 2009 (P) ===================== Dated this the 17th day of June, 2009 J U D G M E N T The petitioner, who is a defaulter to the respondent, has approached this Court challenging the recovery proceedings. This court by interim order dated 19/3/2009 granted stay on condition that the petitioner remits Rs.15,000/- each per month. It is reported by the respondent also that till 31.5.2009, three such instalments have been paid. 2. When the matter was taken up for hearing, all that is prayed before me by the counsel for the petitioner was to grant an instalment facility to enable the petitioner to liquidate the liability. 3. Standing counsel for the respondent points out that as on 31/3/2009 towards principal alone, Rs.1,08,000/- was due and that towards interest, Rs.52,886/- was due. Therefore, he points out that if the petitioner is to continue payment at the rate of Rs.15,000/-, there will be considerable delay in liquidating the liability. 4. I have considered the submissions made. WPC 8785/09 :2 : 5. Having regard to the financial constraints that are urged by the petitioner and also taking into account the amount that is due to the respondent, the writ petition is disposed of with the following directions. (1) That the petitioner shall pay Rs.20,000/- every month to the respondent Bank. It is directed that such payment shall be made before 30th of every month commencing from June, 2009. (2) Subject to payment of the instalments as above without default, the stay already ordered by this Court by order dated 19/3/2009 will remain in force and in case default is committed, the respondent will be at liberty to continue the proceedings for recovery of the amount due. ANTONY DOMINIC, JUDGE Rp