IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 29TH APRIL 2011 / 9TH VAISAKHA 1933 WP(C).No. 12680 of 2011(H) -------------------------- PETITIONER(S): --------------- MOHAMMED SHAFFI, AGED 45 YEARS, S/O. MOIDEEN KOYA, CHERUNALAKATHIL HOUSE, REHMAN BAZAR KOLATHARA.P.O., KOZHIKODE-673633. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): --------------- 1. AUTHORISED OFFICER(CHIEF MANAGER), SOUTH INDIAN BANK, REGIONAL OFFICE, KOZHIKODE-673630. 2. REGIONAL MANAGER, SOUTH INDIAN BANK, KOZHIKODE-673630. BY ADV. SHRI. K.K.JOHN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:12680 OF 2011 H ----------------------------------------------------------- Dated this the 29th April, 2011. JUDGMENT The petitioner has filed this writ petition challenging the recovery proceedings initiated by the respondents for recovery of amounts due from him as arrears of housing loan. According to the petitioner he had availed an amount of Rs.5 lakhs as housing loan and a further amount of Rs.2 lakhs as commercial loan. Repayment of both the loans have fallen into arrears and therefore, the bank has initiated recovery proceedings against him. Immediately on receipt of Ext.P1 notice the petitioner has paid an amount of Rs.50,000/- on 4-4-2011 as evidenced by Ext.P2. According to the counsel for the petitioner, the petitioner is willing to pay off the entire amount provided he is permitted to do so in 12 instalments. 2. Adv. K.K.John appears for respondents 1 and 2. Accordingly to him, no illegality or irregularity has been pointed out in the proceedings initiated by the bank and therefore, there are no grounds to interfere with the impugned proceedings. However, the bank is interested only in recovering the amounts due to it and not in selling the property of the petitioner. Therefore, it is submitted WPC 12680/2011 2 that payment may be directed to be made promptly and without any further delay. 3. In the facts and circumstances of the case, I feel that the petitioner can be given an opportunity to pay off the arrears within a reasonable time. Accordingly, the petitioner is permitted to pay the entire amount due to the respondents in six monthly instalments commencing from 15-5-2011. The subsequent instalments shall fall due on the 15th of each succeeding month thereafter. Pending payment of the arrears in instalments, all further action of the respondents to recover the amounts due shall be kept in abeyance. It is made clear that if the petitioner commits default in payment of two consecutive instalments, the petitioner shall forfeit the benefits granted by this judgment and the bank shall be free to recover the amounts due by taking recourse to all proceedings in accordance with law. Writ petition is disposed of accordingly. K. SURENDRA MOHAN Judge jj WPC 12680/2011 3 WPC 12680/2011 4