IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 21677 of 2011(H) ---------------------------------- PETITIONER(S): --------------- SOURIYAR GEORGE, S/O. SOURIYAR, AGED 74 YEARS, PAYATTUTHARA, MITHRAKARY.P.O, MUTTAR, KUTTANAD, ALAPPUZHA DISTRICT. BY ADV. SRI.P.I.DAVIS RESPONDENT(S): --------------- 1. THE MANAGER, STATE BANK OF TRAVANCORE RAMANKARY BRANCH, ALAPPUZHA DISTRICT-688 001. 2. DEPUTY TAHSILDAR, REVENUE RECOVERY, KUTTANADU TALUK, ALAPPUZHA DISTRICT- 688 001. ADV. SRI.SATHISH NINAN FOR R1 SRI. BIJOY CHANDRAN - GOVT.PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21677 of 2011(H) APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF STATEMENT OF ACCOUNTS FOR THE PERIOD FROM 1-1-2005 TO 2-8-2011. EXT.P2: COPY OF NOTICE DATED 3-1-2011 ISSUED BY R2. EXT.P3: COPY OF NOTICE DATED 3-1-2011. EXT.P4: COPY OF REVISED MODEL EDUCATIONAL LOAN SCHEME FOR PURSUING HIGHER STUDIES IN INDIA AND ABROAD. RESPONDENTS' EXHIBITS: NIL. TRUE COPY PA TO JUDGE. acd S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.21677 OF 2011 ---------------------------------------------- Dated this the 16th day of August, 2011 JUDGMENT The petitioner is the father of Master Linto. P. George. For the purpose of studies of his son, the petitioner took a loan from the 1st respondent bank. The 1st respondent initiated recovery proceedings for recovery of defaulted loan amounts. That is under challenge in this writ petition. The petitioner seeks facility to regularise the loan account by paying the defaulted amounts and to continue payment of the future instalments on due dates as per the original loan agreement. 2. This is opposed by the learned Standing Counsel for the 1st respondent bank. 3. However, taking a lenient view, I dispose of this writ petition with the following directions: The petitioner shall pay the defaulted instalments of repayment of loan amounts with interest and costs as per the terms of the loan agreement, within one month. If the petitioner pays the same, the 1st respondent shall regularise the loan W.P.(C)No.21677/11 2 account of the petitioner and allow the petitioner to continue to pay the future instalments as per the original loan agreement on due dates. If the petitioner pays the defaulted instalments of loan amount with interest and costs as well as the future instalments on due dates without default, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of either the defaulted instalments with interest and costs 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 in that regard. S. SIRI JAGAN, JUDGE acd W.P.(C)No.21677/11 3 W.P.(C)No.21677/11 4