IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 7791 of 2011(Y) ------------------------- PETITIONER(S): --------------- 1. SHAJI.R., AGED 37, S/O.RAJAPPAN NAIR, RESIDING AT SARDA VILASOM, KALLUVATHUKKAL, KOLLAM. 2. RADHAKRISHNAN.L., AGED 43, GURUKULAM, PAMPURAM, KALLUVATHUKKAL, KOLLAM. BY ADV. SMT.P.V.KOCHUTHRESIA SMT.M.P.MARY RESPONDENT(S): --------------- 1. CANARA BANK, ADICHANELLOOR BRAND KOLLAM, REPRESENTED BY THE BRANCH MANAGER - 691 001. 2. DEPUTY TAHSILDAR (R.R), KOLLAM TALUK, KOLLAM - 691 001. 3. VILLAGE OFFICER, PARIPALLY VILLAGE, KOLLAM TALUK - 691 574. BY ADV.SRI.BIJOY CHANDRAN, GOVERNMENT PLEADER SRI.V.B.HARINARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7791 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS :- P1 :- COPY OF THE R/R NOTICE DATED 9.6.2010 TO THE 1st PETITIONER P2 :- COPY OF THE NOTICE DATED 8.6.2010 ISSUED TO THE 2nd PETITIONER P3 :- COPY OF THE RECEIPTS DATED 30.7.2010 AND 14.9.2010 P4 :- COPY OF THE RECEIPT DATED 5.3.2011 RESPONDENTS' EXHIBITS :- NIL //TRUE COPY// P.A.TO JUDGE ami/ C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No.7791 of 2011 ------------------------------- Dated this the 15th day of June, 2011. J U D G M E N T Revenue recovery steps initiated against the petitioners pursuant to Exts.P1 and P2 notices for realising amounts due under two business loans availed by each of them from the 1st respondent Bank, is under challenge in this writ petition. Eventhough various contentions are raised challenging the liability, I do not find any legally tenable ground to hold that the petitioners are not liable for payment of the respective amounts demanded. 2. However, on the basis of persuasive submissions made on the basis of undertaking to make payment of the amounts due in a phased manner, this Court had shown indulgence in restraining the coercive steps of recovery, subject to condition of the petitioners remitting a sum of Rs.50,000/- each within three weeks from 15.3.2011. Subsequently, the petitioners sought for an extension of the time stipulated for payment, through I.A.No.6930/2011. 2 W.P.(C).No.7791 of 2011 Inspite of stiff opposition, time for payment was extended till 25.4.2011, making it clear that no further extension will be granted under any circumstances. Even thereafter, the petitioners have not paid the amounts as stipulated, inspite the lapse of about two months. 3. Under the above mentioned circumstances, I am not inclined to entertain this writ petition any further, for exercising the discretionary jurisdiction vested on this Court. Accordingly, the writ petition is dismissed. 4. However, it will be left open to the petitioners to approach the 1st respondent Bank to seek settlement of payment through instalments or by effecting 'one time settlement', on the basis of waiver of amounts to the possible extent. The dismissal of this writ petition will not stand in the way of the 1st respondent Bank considering any such request and taking appropriate decision thereof. C.K.ABDUL REHIM, Judge ami/