IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 8150 of 2008(T) ------------------------- PETITIONER: ------------ T.K.PRAKASHAN, 40 YEARS, S/O.NAYADI, MADATHERI HOUSE, ARIYALLUR AMSOM DESOM, ARIYALLUR VILLAGE, MALAPPURAM DIST. 676 312. BY ADV. SRI.A.F.SEBASTIAN RESPONDENTS: ------------- 1. CANARA BANK, REPRESENTED BY ITS MANAGER, ANANGADI BRANCH, P.O.KADALUNDI NAGARAM, MALAPPURAM DIST. 673 314. 2. THE TAHSILDAR, THIRURANGADI TALUK OFFICE, MALAPPURAM DISTRICT. BY ADV. SRI.P.GOPINATH MENON, SC, CANARA BANK GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 8150 of 2008 -------------------------- Dated this the 17th March, 2008 J U D G M E N T Petitioner availed a loan of Rs.77,000/- from the 1st respondent Bank under the P.M.R.Y Scheme, for purchasing a 'Greaves Garuda' Autorickshaw. The vehicle was purchased on 16.4.1997 for an amount of Rs.81,040/-. According to him, he remitted an amount of Rs.9,700/- towards the loan account. Subsequently, the vehicle developed mechanical defects. There was default in repayment of loan. Bank repossessed the vehicle in the year 2000. Thereafter, the vehicle was sold by the Bank. According to petitioner, when the bank repossessed the vehicle and sold it, it should have, at least, resulted in full and final settlement of the liability and closure of the loan account. This is the gist of the lawyer notice issued by the petitioner in Exhibit P3. Nevertheless, Exhibit P4 notice under the Revenue Recovery Act has been issued demanding an amount of Rs.1,18,160/- . Hence the writ petition. W.P ( C) No. 8150 of 2008 2 2. I heard learned counsel for the petitioner Sri.A.P.Sebastian and Sri.P.Gopinatha Menon, learned counsel for the 1st respondent Bank and Sri.Mathew George Vadakkel, learned Senior Government Pleader. 3. Learned counsel for the 1st respondent submits that the vehicle was riddled with mechanical defects and therefore liability occurred. Sale proceeds were credited to the loan account. Petitioner had remitted only an amount of Rs.9,700/- in the first instance. In fact Exhibit P1 show cause notice was issued in 2000 requiring remittance of an amount of Rs.39,258/-, failing which it was warned that the vehicle will be sold for realization. The amount shown in the recovery notice is 1,18,160/-. It is also submitted that if the petitioner approaches the Bank even now for settlement of accounts, Bank will seriously consider waiver of a portion of the interest and remission of the amount demanded by them to enable the petitioner to pay off the balance due. 4. In my view, petitioner has two options left with him. He may approach the bank with an offer for settlement. If it is reasonable, I have no doubt, that the offer will be seriously W.P ( C) No. 8150 of 2008 3 considered by the Bank. Secondly, if the petitioner is aggrieved by the sale of the vehicle, then it is up to him to approach the Civil Court seeking appropriate reliefs, in accordance with law , if so permissible. To enable the petitioner to do so, I am inclined to afford the petitioner a breathing time. In the result, the writ petition is disposed of directing the 2nd respondent to keep in abeyance the enforcement of Exhibit P4 for a period of three months from today. It is upto the petitioner to approach the Civil Court for appropriate reliefs, if so advised and if permissible, for settlement of the loan account in the manner indicated above. I make it clear that it is open to the authorities to proceed with the enforcement of Exhibit P4 after the period of three months, subject to any order of restraint that may be passed by the Civil Court during the said period. (V.GIRI, JUDGE) ma W.P ( C) No. 8150 of 2008 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No. 8150 of 2008 5 25th May, 2007 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.