IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 1379 of 2010(V) ------------------------- PETITIONER: --------------- BINDUMOL.T., W/O.LATE. ANANDAN PILLAI, MARUTHOOR VEEDU, PUNUKKANNOORCHERY MAMPUZHA, ALUMOODU.P.O., KOLLAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR SRI.KRISHNAN.S.RAJ RESPONDENTS: --------------- 1. THE BRANCH MANAGER, FEDERAL BANK LTD.,' KUREEPPALLY,KOLLAM DISTRICT. 2. THE SECRETARY KERALA VYAPARA VYAVASAYA EKOPANA SAMITHY, CHERIYELA UNIT, REG. NO.262/81, CHERIYELA KOLLAM DISTRICT. 3. THE DEPUTY THAHASILDAR (RR) TALUK OFFICE, KOLLAM, KOLLAM DISTRICT. 4. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL),SC GOVERNMENT PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1379 of 2010 2 APPENDIX ------------- PETITIONER'S EXHIBITS ------------------------------- P1:- THE TRUE COPY OF THE PASS BOOK IN LOAN ACCOUNT NO.342 OF THE 1ST RESPONDENT AND THE PASS BOOK OF THE 2ND RESPONDENT. P2:- THE TRUE COPY OF THE NOTICE DATED 26-02-09 P3:- THE TRUE COPY OF THE NOTICE DATED 28-08-09 P4:- THE TRUE COPY OF THE NOTICES DATED 30-07-09 P5:_ THE TRUE COPY OF THE REPRESENTATION DATED 05-01-10 //TRUE COPY// PA TO JUDGE P.R. RAMACHANDRA MENON, J. ................................................... WP (C) NO. 1379 OF 2010 ............................................... Dated this the 5th day of March, 2010 J U D G M E N T The husband of the petitioner had availed a loan from the respondent Bank, which however could not be repaid on time. Subsequently, the husband of the petitioner took his last breath and the liability was mulcted upon the shoulders of the petitioner. It is stated that, despite of the adverse circumstances, the petitioner has taken every earnest efforts to see that the liability to be discharged within a reasonable time and that the petitioner might be given six months time to settle the same, keeping the revenue recovery proceedings pursued from the respondent Bank in abeyance. Learned counsel for the petitioner submitted that the petitioner has also approached the forth respondent by filing Exhibit P5 WP (C) NO. 1379 OF 2010 2 representation in this regard. 2. Learned counsel for the respondent Bank submits on instructions, that the total liability was nearly Rs.2.28 lakhs out of which, the petitioner has already satisfied a sum of Rs.50,000/-(Rupees Fifty thousand only) pursuant to the interim order passed by this Court on 18-01-2010 and that the balance is still due. Considering the facts and circumstances, this Court finds it fit and proper to permit the petitioner to clear the balance amount by way of 'five' equal monthly installments , the first of which shall be effected on or before 30-03-2010, to be followed by subsequent installments to be cleared on or before the 30th of the succeeding months. 3. Subject to the above, all further coercive steps pursuant to Exhibit P4 shall be kept in abeyance. It is also made clear that, if any default is committed by the petitioner in satisfying the amount as above, the WP (C) NO. 1379 OF 2010 3 respondents will be at liberty to proceed with further steps, for realisation of the entire amount in a lump sum Writ petition is disposed of , as above. Sd/- P.R. RAMACHANDRA MENON, JUDGE //True copy// PA to Judge rkc