IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 1342 of 2010(P) ------------------------- PETITIONER: --------------- SIBY J.VACHAPARAMBIL, AGED 52, S/O.JOSEPH, PROPRIETOR, M/S.GEMINI & GEMINI, NIKUNJAM HERITAGE FLAT NO.1&2, PALLIMUKKU, PETTAH PO, THIRUVANANTHAPURAM. BY ADV. SRI.NAIR AJAY KRISHNAN SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: ----------------------- 1. KERALA STATE CO-OPERATIVE BANK LTD REPRESENTED BY IT MANAGING DIRECOTR, HEAD OFFICE THIRUVANANTHAPURAM. 2. AUTHORISED OFFICER/DEPUTY GENERAL MANAGER KERALA STATE CO-OPERATIVE BANK LTD, REGIONAL OFFICE, THIRUVANANTHAPURAM. 3. SENIOR MANAGER, KERALA STATE CO-OPERATIVE BANK LTD, KAITHAMUKKU BRANCH, SATHYASAI NIVAS, KAITHAMUKKU JUNCTION, THIRUVANANTHPURAM 695 024. BY GOVT. PLEADER SRI. BIJOY CHANDRAN ADV. SRI.NAGARAJ NARAYANAN FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.1342 of 2010-P ---------------------------- Dated this the 1st day of March, 2010. J U D G M E N T The learned counsel for the petitioner submits that the grievance projected in the Writ Petition is confined to the extent that the petitioner might be permitted to clear the entire outstanding liability by way of 'six' equal monthly instalments. 2. The learned standing counsel for the Bank submits that the Bank has no objection to provide the relief prayed for by the petitioner, provided the petitioner honours his commitment without fail. 3. In the above facts and circumstances, the petitioner is permitted to clear the entire outstanding liability due to the respondent Bank by way of ‘six’ monthly equal instalments; the first of which shall be effected on or before the 30th of this month; to be followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to the above, all further coercive steps shall be kept in abeyance. It is made clear that, if any default W.P(C) No.1342 of 2010-P 2 is committed by the petitioner in satisfying the due amount as above, it will open to the Bank, to proceed with appropriate steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab