IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 20496 of 2011(J) -------------------------- PETITIONER(S): --------------- JAMES.V.J, VELUTHEDATHIL, PARAMBIL HOUSE, KERAMALA, KUTTICHIRA P.O., THRISSUR. BY ADV. SRI.KOSHY GEORGE RESPONDENT(S): --------------- 1. THE MANAGER, STATE BANK OF TRAVANCORE, CHAKAKUDY BRANCH, THRISSUR DISTRICT. 2. DEPUTY TAHSILDAR (REVENUE RECOVERY), MUKUNDAPURAM, THRISSUR DISTRICT. ADV. SRI.T.SETHUMADHAVAN FOR R-1 GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 20496/11 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LOAN PASS BOOK P2 COPY OF THE STATEMETN OF ACCOUNTS P3 COPY OF THE DEMAND NOTICE DT 18.6.11 P4 COPY OF THE DEMAND NOTICE DT 18.6.11 P5 COPY OF THE REVISED MODEL EDUCATIONAL LOAN SCHEME // True Copy // P.S. To Judge S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 20496 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th day of September, 2011. J U D G M E N T The petitioner obtained an educational loan for his son from the 1st respondent, repayment of which has fallen in arrears and the respondents have initiated proceedings under the Revenue Recovery Act for recovery of the amount. The petitioner is prepared to regularise the loan account by paying the defaulted instalment amounts and continue to pay the future instalments in accordance with the re-fixed equal monthly instalments, which is Rs. 5307/-. The petitioner also disputes the quantum of the defaulted amounts due. The petitioner seeks appropriate directions to the respondents. 2. Counsel for the 1st respondent has filed a statement as per which the defaulted overdue amount would come to Rs.1,75,965/-. According to the petitioner, the defaulted amounts would come to only Rs. 60,000/-. I do not think that I can consider the dispute regarding the amount payable in this writ petition. 3. After considering the rival contentions in detail, I dispose of this writ petition with the following directions: The petitioner shall pay the amount required for regularising the loan account, in two equal instalments payable on 1.10.2011 and 1.11.2011. In the meanwhile, the petitioner shall approach the 1st respondent and he is free to convince the 1st respondent as to the exact amount of defaulted amounts. On the petitioner paying the defaulted amounts as directed above, W.P(C) No. 20496 of 2011 -: 2 :- the respondents shall regularise the loan account and permit the petitioner to pay off the future instalments as per the re-fixed EMI on the due dates as per the original loan agreement. If the petitioner pays the defaulted instalment amounts with interest and continues to pay the future instalments on due dates as per the original loan agreement, further recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of the defaulted instalment amounts or any of the future instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings. Needless to say, if the petitioner is able to convince the Manager of the Bank that the defaulted instalment amount is less than what has been stated by the 1st respondent, the petitioner need pay only the said amount. Sd/- S. Siri Jagan, Judge. Tds/