IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 28517 of 2009(H) -------------------------- PETITIONER(S): --------------- SIVARAMAN ACHARI, SREERAJ BHAVAN ARAKKAL PUTHEN VEEDU, MADAPPALLI CHANGANACHERRY. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): --------------- 1. CHANGANACHERRY CO-OPERATIVE URBAN BANK LTD. NO.3195 REP. BY ITS SECRETRY CHANGANACHERRY. 2. THE SPECIAL SALE OFFICER CHANGANACHERRY CO-OPERATIVE URBAN BANK LTD. NO.3195 P.B.NO.211, CHANGANACHERRY. 3. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT. COPERATIVE DEPARTMENT SECRETARIAT THIRUVANANTHAPURAM. ADV. SRI.JOMY GEORGE FOR R1 SRI.SEBASTIAN THOMAS FOR R1 SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM ADV.PIRAPPANCODE V.S.SUDHEER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.28517 of 2009 ================== Dated this the 2nd day of November, 2009 J U D G M E N T The petitioner availed of a loan from the 1st respondent bank, repayment of which was defaulted by him. The bank initiated coercive recovery proceedings. The petitioner is challenging the same in this writ petition. However, now the petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks a direction to the 1st respondent to permit the petitioner to pay off the amounts in instalments. 2. Learned Standing Counsel appearing for the bank stoutly opposes the prayer of the petitioner. According to him, the petitioner is not entitled to any indulgence from this Court since the petitioner has not chosen to avail of the opportunities given by the bank to the petitioner for paying the amounts. 3. After hearing both sides, I am of opinion that in view of the facts and circumstances of the case, some more leniency can be shown to the petitioner in the matter of repayment of the amounts due to the bank in instalments. Accordingly, this writ petition is disposed of with the following directions: The 1st respondent shall permit the petitioner to pay off the amounts due in five equal monthly instalments starting from 1.12.2009. Every subsequent instalment shall be paid on the first 2 working day of every succeeding month. If the petitioner pays the instalments in time, further coercive proceedings for recovery of the amount shall be kept in abeyance. However, if the petitioner commits default in paying any of the instalments, it would be open to the respondents to continue the proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge