IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 18849 of 2009(A) --------------------------------------- PETITIONERS: --------------------- 1. A.SUBBAYYAN, AGED 52 YEARS,S/O.ANDITHEVAR, GANESH BHAVAN, ONPATHEKKAR KARA, UPPUTHARA VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT. 2. MUTHAPECHI,W/O.A.SUBBAYYAN, GANESH BHAVAN, ONPATHEKKAR KARA, UPPUTHARA VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT. BY ADV. MR.THOMAS J.ANAKKALLUNKAL. RESPONDENTS: ------------------------ 1. THE BRANCH MANAGER, THE FEDERAL BANK LTD.,UPPUTHARA BRANCH, IDUKKI DISTRICT. 2. AUTHORIZED OFFICER & CHIEF MANAGER, THE FEDERAL BANK LTD.,REGIONAL OFFICE, THEKKUMKAL BUILDING, T.B. ROAD, KOTTAYAM. R1 & R2 BY ADVS. MR.MOHAN JACOB GEORGE. SMT. P.V. PARVATHY, SMT. REENA THOMAS, MR. RAM MOHAN.L, MR. JAMES AUGUSTINE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18849/2009-A: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE NOTICE DTD. 13/05/2009 ISSUED BY THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 18849 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 7th day of August, 2009 JUDGMENT The learned counsel for the petitioner submits that, the condition imposed by this Court, while granting the interim order dated 6.7.2009 has been complied with. 2. The learned counsel for the Bank on instructions submits that, the balance amount is only about Rs. 1.5 lakhs plus subsequent interest and cost and it can be permitted to be cleared by way of reasonable installments. 3. Considering the facts and circumstances, the petitioner is directed to clear the balance amount under the loan transaction by way of six equal monthly installments; the first of which shall be effected on or before the 31st of this month; to be followed by the remaining installments to be effected on or before the 30th of the succeeding months. It is made clear that, if any default is committed by the petitioner in discharging the liability as above, the respondent Bank will be at liberty to proceed with further steps for realization of the entire amount in lump sum, from the stage where it stands now. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd