IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 7365 of 2010(U) ------------------------- PETITIONER(S): --------------- MINIMOL.R,W/O.J.RAVEENDRANATH, OMKARAM,THOLICODE.P.O,PUNALUR. BY ADV. SRI.MANOJ RAMASWAMY SMT.MERIL MUTHU P.JOHN RESPONDENT(S): --------------- 1. THE REGIONAL MANAGER,SYNDICATE BANK, REGIONAL OFFICE,SASTHAMANGALAM, THIRUVANANTHAPURAM. 2. THE AUTHORISED OFFICER(CHIEF MANAGER), SYNDICATE BANK,REGIONAL OFFICE,SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. THE MANAGER,SYNDICATE BANK,PUNALUR BRANCH,PUNALUR. ADV. SRI.R.S.KALKURA FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------ W.P.(C)No. 7365 OF 2010 ------------------------ Dated this the 8th day of April, 2010 JUDGMENT The husband of the petitioner had availed a loan from the respondent bank in the year 1998, but the amount could not be repaid on time because of some unforeseen circumstances. This made the bank to proceed with further steps for recovering the amount due from the petitioner, when the petitioner approached this Court earlier by filing W.P.(C) No.13412/2007, which culminated in Ext.P2 judgment, whereby the claim of the petitioner for OTS was directed to be considered. 2. The learned counsel appearing for the respondent bank submits on instructions that the claim was accordinngly considered pursuant to Ext.P1 judgment and the benefit was extended, but the petitioner did not choose to avail the benefit and to clear the liability accordingly. WPC NO. 7365/2010 -2- 3. The learned counsel for the petitioner submits that non compliance was never because of any wilful default, but because of adverse circumstances which prevailed with regard to the employment and such other incidental aspects. The learned counsel further submits that the only relief now pressed before this Court is to provide some reasonable time to clear the total outstanding liability by way of instalments. 4. Considering the rival submissions made before this Court and also considering the fact that the petitioner is not pressing for any benefit of OTS, the petitioner is permitted to clear the entire liability by way of six equal monthly instalments, the first of which shall be effected on or before 30/4/2010 and the remaining instalments shall be effected on or before the 30th of the succeeding months. Subject to this, all further recovery proceedings shall be kept in abeyance. 5. It is also made clear that, if any default is committed by the petitioner in clearing the liability as directed above, the respondent bank will be at liberty to proceed with further steps for realisation of the due amount from the petitioner by invoking the remedy available under the Act, pursuing such exercise from WPC NO. 7365/2010 -3- the stage where it stands now. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE. dpk