IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 21981 of 2009(P) --------------------------------------- PETITIONER(S): ------------------------ SHYAMALA, D/O.BABY AGED 39 ,ILANKATH,MANNADI PUTHEN VEEDU, PURUTHYPPARA, KUTTAMALA PO. BY ADVS.MR.R.T.PRADEEP MR.V.VIJULAL RESPONDENT(S): ------------------------ AUTHORISED OFFICER THIRUVANANTHAPURAM DISTRICT, CO-OPERATIVE BANK HEAD OFFICE,FORT, THIRUVANANTHAPURAM. BY MR.K.G.RADHAKRISHNAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 21981 OF 2009 ......................................................................... Dated this the 4th August, 2009 J U D G M E N T The petitioner had availed a housing loan of Rs. 5.89 lakhs from the respondent Bank in July 2006. Even though the construction of the building was effected to a substantial extent, it could not be completed in toto because of the serious ailments of her mother, which made the petitioner to run after necessary funds and she turned to be a defaulter before the respondent Bank. 2. The learned Counsel for the petitioner submits that the default was never wilful or deliberate, but because of the frustrating circumstances and that every earnest effort is being made to see that the defaulted E.M.Is with interest and cost is cleared at the earliest and the limited prayer is only to provide some breathing time to have the loan account regularised. 3. Heard the learned Counsel appearing for the respondent Bank, who submits, on instruction that nearly a sum of Rs.2.5 lakhs is due towards the defaulted E.M.Is as on date, with subsequent interest and cost. W.P.(C) No. 21981 OF 2009 2 4. Considering the facts and circumstances, the petitioner is directed to effect payment of a sum of Rs. Fifty thousand on or before 31.08.2009 and the balance amount towards the defaulted E.M.Is shall be cleared by way of six equal monthly installments , the first of which shall be effected on or before the 20th September, 2009 to be followed by similar payments to be effected on or before the 20th of the succeeding months. This will be in addition to the liability of the petitioner to clear the regular E.M.Is as well. Subject to the above, all coercive steps stated as being pursued against the petitioner shall be kept in abeyance. It is further made clear that if any default is committed by the petitioner in clearing the liability towards defaulted arrears as above or if any two consecutive defaults are made in remitting the regular E.M.Is, the respondent Bank will be at liberty to proceed with further steps from the stage where it stands now, for realisation of the entire amount in a lump sum. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk