IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 27992 of 2010(Y) -------------------------- PETITIONER(S): --------------- K.M.PAUL, S/O.MATHAI, AGED 59 YEARS, THANAVELIL HOUSE, ELANJI VILLAGE, ELANJI P.O., ERNAKULAM DISTRICT. BY ADV. SRI.SHAJI JOSEPH RESPONDENT(S): --------------- 1. THE FEDERAL BANK LTD., REG.OFFICE ALWAYE REPRESENTED BY JESSIAMMA AUGUSTINE, CHIEF MANAGER, ASSET RECOVERY BRANCH THE FEDERAL BANK LTD., ERNAKULAM. 2. THE MANAGER, THE FEDERAL BANK LTD., ELANJI BRANCH, ELANJI P.O., PIN-686 665, ERNAKULAM DISTRICT. ADV. SRI.A.ANTONY FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.27992 of 2010-Y ---------------------------------------- Dated this the 24th day of January, 2011. J U D G M E N T The writ petition is filed aggrieved by the coercive steps of revenue recovery now threatened against the petitioner for realising amounts due under an educational loan account, which was availed by the petitioner's son along with him from the respondent Bank. It is mentioned that the loan in question was availed by mortgaging immovable property belonging to the petitioner and the petitioner had effected considerable repayment in the loan account. But the Bank initiated a pre-litigation proceedings before the District Legal Services Authority and the matter was attempted to be settled in the Lok Adalath. According to the petitioner he had approached the respondent Bank as well as the Lok Adalath undertaking to regularise the account by paying the amounts in default. However, the matter was not settled. According to the petitioner, during pendency of the matter before the Lok Adalath the W.P(C) No.2090 of 2011-I 2 respondent Bank had initiated steps of recovery by resorting to the provisions under the Kerala Revenue Recovery Act. Hence this writ petition is filed. 2. It is noticed that by virtue of an interim order issued by this Court, the petitioner had remitted a sum of Rs.20,000/- towards the arrears in the loan account. Learned counsel for the petitioner seeks interference of this Court for directing the Bank to permit regularisation of the account on payment of the overdue amounts. Learned standing counsel appearing for respondents 1 and 2, on the basis of instructions, submitted that after crediting all payments the amount outstanding is around Rs.18,400/-. 3. Considering the limited prayer, I am of the view that the petitioner can be permitted to regulrise the account by paying the overdue amounts (amounts in default) within a short period. Accordingly, the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery, provided the petitioner remits the entire amounts in default along with monthly W.P(C) No.2090 of 2011-I 3 instalments due for the month of February 2011 on or before 28.2.2011. If payment is made as directed above, the respondent shall permit the petitioner to continue payment of future monthly instalments in accordance with the the original schedule of repayment. 4. It is made clear that on the event of default in payment of the amount as stipulated above or any one of the future instalments, the respondents will be free to proceed with further steps. It is further made clear that the above relief is granted subject to the condition that the petitioner is precluded from raising any subsequent challenge against the recovery proceedings. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// P.A to Judge ab W.P(C) No.2090 of 2011-I 4