IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 WP(C).No. 13165 of 2011(U) -------------------------- PETITIONER: -------------- SASIDHARAN UNNITHAN,AGED 59 YEARS, S/O.CHELLAPPAN PILLAI,AYANIVELIL HOUSE, KAMPALADY MURI,PORUVAZHY VILLAGE,KUNNATHOOR TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENTS: ----------------- 1. THE GENERAL MANGER,KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KOLLAM DISTRICT 691 001. 2. THE BRANCH MANAGER,KOLLAM DISTRICT CO-OPERATIVE BANK LTD., BHARANICAVU EVENING BRANCH,SASTHAMCOTTA PO 690 521, KOLLAM DISTRICT. BY SRI. M.K. CHANDRAMOHAN DAS, SC, KOLLAM CO-OP. BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------------------------------- W.P(C).No. 13165 of 2011 ---------------------------------------------- Dated this the 10th day of May, 2011 JUDGMENT The petitioner has availed a loan to the tune of `.1,00,000/- from the second respondent-Bank. On account of failure on the part of the petitioner to promptly repay the instalments, Exhibit P1 notice was issued. As per Exhibit P1, the petitioner was required to pay an amount of `1,75,825/- together with interest, penalty and alleged ancillary charges. The contention of the petitioner is that subsequent to the receipt of Exhibit P1 notice, he has remitted an amount of Rs.45,000/- as is evidenced from Exhibit P2. This Writ Petition is filed mainly with the prayer for a direction to the respondents to afford instalment facility to the petitioner to pay off the amount outstanding towards the loan account. 2. I have heard learned counsel for the petitioner and also the learned Standing Counsel for the respondent-Bank. 3. According to the petitioner, the amount outstanding towards the loan account is only `1,30,825/-. The learned Standing Counsel appearing for the respondents submitted that besides the amount mentioned in Exhibit P1, the petitioner is also liable to pay interest, penalty and alleged ancillary charges and, in fact, the amounts due under the said heads were not specifically mentioned WP(C).13165/11 - 2 - in Exhibit P1. In short, according to the learned Standing Counsel, the amount due from the petitioner is more than Rs.1,30,825/-. Obviously, the amount actually due from the petitioner towards the aforesaid loan account is yet to be quantified. At the same time, as per Exhibit P1, besides the amounts payable under the aforesaid heads, the petitioner is also liable to pay an amount of `1,75,825/-. As already stated above, after receipt of Exhibit P1, the petitioner has remitted an amount of Rs.45,000/-. In the said circumstances, this Writ Petition is disposed of as hereunder: The respondents shall not take any coercive steps for realisation of the amount as demanded as per Exhibit P1 so as to enable the petitioner to discharge the entire liability. The petitioner shall deposit one-third of the amount specifically mentioned in Exhibit P1 viz., `1,30,825/- within one month. Meanwhile, the respondents shall intimate the amount payable by the petitioner to close the aforesaid loan account. On receipt of such intimation, the balance amount due towards the said loan account shall be paid by the petitioner in two instalments. First among the said two instalments shall be paid within 30 days from the date of receipt of such intimation and the second instalment shall be paid within one month thereafter. It is made clear that in the event of failure on the WP(C).13165/11 - 3 - part of the petitioner to effect payments as above, it will be open to the respondents to pursue with the steps for recovering the amount, in accordance with law. C.T.RAVIKUMAR, JUDGE vgs