IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 9032 of 2011(D) ------------------------- PETITIONER(S): --------------------- 1. MUJEEB V.P, S/O.MOHAMMED VALIYA PEEDIYEKKAL HOUSE, VELLILA PO MANKADA, MALAPPURAM DT. 2. RAJESH R.N, S/O.SULOCHANA KARAT HOUSE, VELLILA PO, MANKADA, MALAPPURAM DT. 3. ABDURAHIMAN, S/O. ABU, POTHUNDIL HOUSE, VELLILA PO MANKADA, MALAPPURAM DT. BY ADV. SRI.T.K.AJITH KUMAR RESPONDENT(S): ------------------------ 1. THE DEPUTY TAHSILDAR (REVENUE RECOVERY) TALUK OFFICE, PERINTHALMANNA (PO) MALAPPURAM (DT) PIN 679 322. 2. SOUTH MALABAR GRAMIN BANK LTD VELLILA BRANCH, KOZHIKKOTTUPRAMBA VELLILA PO, PIN 679 324, REPRESENTED BY ITS BRANCH MANAGER. R1 BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN R2 ADV. SRI.T.R.RAVI, SC, S.MALABAR G. BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK C.K.ABDUL REHIM, J. ------------------------------- W.P.(C).No. 9032 of 2011 ------------------------------- Dated this the 26th day of May, 2011. J U D G M E N T Considering the contentions raised in this writ petition, I do not find any legally tenable ground to hold that the petitioners are not liable for payment of the amounts sought to be recovered. The arrears pertains to a bank loan availed by the 1st petitioner from the 2nd respondent, for which petitioners 2 and 3 were the guarantors. Since the liability stands admitted, I am of the view that the request made on behalf of the petitioners for permitting payment of the amounts through instalments can be considered. 2. It is noticed that, pursuant to an interim order issued by this Court on 24.3.2011, the petitioners have deposited a sum of Rs.10,000/-. Hence I am inclined to grant instalment facility for payment of the balance. 3. The respondents are directed to keep in abeyance all further coercive steps of recovery initiated pursuant to Exts.P1 and P2 notices, provided, the petitioners remit the 2 W.P.(C).No. 9032 of 2011 entire balance along with interest and expenses if any due, in 5 (five) equal monthly instalments falling due on or before 15.6.2011 and on or before the 15th day of the succeeding months. 4. It is made clear that on the event of default in payment of any one of the instalments as stipulated above, the respondents will be free to proceed with further steps on the basis of the notices already issued and on such event the petitioners will be precluded from raising any subsequent challenge. C.K.ABDUL REHIM, Judge ami/