IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 37601 of 2008(B) -------------------------- PETITIONER(S): --------------- MOHAMMED ARIF S/O. KUNHABDULLA, POOVATH PARAMBATH HOUSE CHEEKKUNNUMEL P.O.,KOZHIKODE. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): --------------- 1. THE UNION OF INDIA REP. BY THE UNDER SECRETARY, GOVERNMENT OF INDIA, DEPATMENT OF ECONOMIC AFFIARS, (BUDGET DIVISION) MINISTRY OF FINANCE, CENTRAL SECRETARIAT, NEW DELHI. 2. THE UNDER SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF AGRICULTURE & CO-OPERATIVE MINISTRY OF AGRICULTURE, CENTRAL SECRETARIAT NEW DELHI. 3. THE RESERVE BANK OF INDIA REP BY THE DEPUTY GOVERNOR, RESERVE BANK OF INDIA MUMBAI 400 001. 4. THE CHAIRMAN NATIONAL BANK FOR AGRICULTURAL AND RURAL DEVELOPMENT C-24, G BLOCK, BANDHRA KURLA COMPLEX, BANDRA (E) MUMBAI 400 051 5. THE CHIEF GENERAL MANAGER STATE BANK OF TRAVANCORE HEAD OFFICE P.B.NO. 31, POOJAPPURA THIRUVANANTHAPURAM 695 012. 6. THE BRANCH MANAGER STATE BANK OF TRAVANCORE CHEEKKUNNUMEL P.O., KOZHIKODE DISTRICT. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 & 2 SHRI.K.S.DILIP, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 37601 of 2008 ================== Dated this the 19th day of December, 2008 J U D G M E N T The petitioner took a loan from the State Bank of Travancore, repayment of which is in arrears. The petitioner filed this writ petition contending that the petitioner is entitled to waiver of the loan amount under the Debt Relief Scheme. This was opposed by the counsel for respondents 5 and 6 on the ground that the scheme is not applicable to the petitioner. In the above circumstances, the petitioner confines his relief for a direction to respondents 5 and 6 to permit the petitioner to pay off the amounts in instalments. 2. This is stoutly opposed by the counsel for respondents 5 and 6. However, I am of opinion that in view of the facts and circumstances of the case, some more leniency can be shown to the petitioner in the matter of payment of the amounts due to the bank in instalments. Accordingly, this writ petition is disposed of with the following directions: The petitioner shall pay an amount of rupees thirty thousand within one month from today. The balance amount shall w.p.c.37601/08 2 be paid in five equal monthly instalments starting from 1.2.2009. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the initial amount of rupees thirty thousand and the subsequent instalments in time, further coercive proceedings for recovery of the amount shall be kept in abeyance. However, if the petitioner commits default in paying either the initial amount or any of the subsequent instalments, it would be open to respondents 5 and 6 to continue the proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge