IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 11496 of 2011(J) -------------------------- PETITIONER: --------------- K.P.MAYAN, S/O.K.P.MUHAMMAD, AGED 54, PARIYANGADU PLANTATIONS, P.O.CHETTIPADAM, POOKKOTTUMPADAM, NILAMBUR, MALAPPURAM DISTRICT. BY ADV. SRI.SRINATH GIRISH SRI.E.NARAYANAN RESPONDENTS: --------------- 1. THE ERNAD PRIMARY CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NUMBER 4363, P.O.KARUVAMBRAM, MAJNERI-676123, REP. BY ITS SECRETARY. 2. THE MANAGER, THE ERNAD PRIMARY CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NILAMBUR BRANCH, MALAPPURAM DISTRICT-673O29. 3. THE SPECIAL SALE OFFICER, THE ERNAD PRIMARY CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NUMBER 4363, P.O.KARUVAMBRAM, MANJERI-676123. 4. THE REGISTRAR OF CO-OP. SOCIETIES, RAJAJI NAGAR MARKET ROAD, THYCAUD, THIRUVANANTHAPURAM-695014. R1 BY ADV. SRI.V.RAJENDRAN BY SR. GOVERNMENT PLEADER ADV. MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 11496 OF 2011 ......................................................................... Dated this the 9th June, 2011 J U D G M E N T The dispute between the petitioner and the respondent Bank is mainly in connection with a loan transaction. In view of the limited extent of relief now pressed before this Court, the factual details are not much required to be dealt with. 2. The learned Counsel for the petitioner submits that the amount, stated as due to the respondent Bank (demanded vide Ext. P19) ie., Rs.19,09,747/-, is not actually liable to be paid by the petitioner. The facts and figures have been sought to be disputed, seeking for intervention of the 4th respondent/Registrar by filing Ext. P13, which is pending before him. The petitioner is stated as constrained to approach this Court because of the coercive proceedings being mooted at the instance of the respondents. 3. When the matter came up for admission on 11.04.2011, W.P.(C) No. 11496 OF 2011 2 the coercive steps were intercepted on condition that the petitioner deposited a sum of Rs. 5 lakhs within one month, which is stated as satisfied. 4. The learned counsel for the petitioner submits that the petitioner might be given an opportunity to substantiate the figures before the Bank as to the final liability to be satisfied and the petitioner might be given an opportunity to clear the same by way of reasonable installments, assuring and undertaking that the entire liability will be cleared within 'six' months. 5. In the above circumstance, the petitioner is permitted to clear the entire liability in 'six' equal monthly installments, the first of which shall be effected on or before 30.06.2011, to be followed by similar installments to be effected on or before the 30th of the succeeding months. The petitioner is at liberty to file an exhaustive representation before the respondent Bank in support of his claim with regard to the discrepancies, if any and also praying for some or other concessions; on which event, the same shall be considered and appropriate orders shall be passed by the respondent Bank, extending the benefits, if any, to the W.P.(C) No. 11496 OF 2011 3 permissible extent, which shall be the sole discretion of the Bank. The coercive proceedings, if any, shall be kept in abeyance, for the time being. It is made clear that, if any concession is extended by the respondent Bank, the same shall be set off against the last installment. If any default is committed by the petitioner in effecting the installments as above, it will be open for the respondent Bank to proceed with further steps to realise the entire amount due in lump sum. The writ petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk