IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 24889 of 2009(E) ----------------------------------- PETITIONER(S): --------------- THANKAM AMMA,AGED 61 YEARS, (D/O.KUNHIKUTTY AMMA,),W/O.BHASKARAN NAIR, THIRUMANGLAM HOUSE P.O.GURUVAYURAPPAN COLLEGE,NEAR BOTANICAL GARDEN, OLAVANNA,KOZHIKODE-673014. BY ADV. SRI.MANJERI SUNDERRAJ SMT.SUSAN JACOB SMT.K.K.PREETHA SRI.MANJERI SUBIN SUNDER RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP; BY SECRETARY TO GOVERNMENT,MINISTRY FOR CO-OPERATION,TRIVANDRUM. REP.BY GOVERNMENT PLEADER,HIGH COURT OF KERALA, ERNAKULAM. 2. THE AUTHORIZED OFFICER/GENERAL MANAGER, CALICUT CO-OPERATIVE URBAN BANK LTD,KALLAI ROAD, KOZHIKODE-673002 REP.BY THEIR STANDING COUNSEL, HIGH COURT OF KERALA,ERNAKULAM. - THE WORDS “REPRESENTED BY STANDING COUNSEL, HIGH COURT OF KERALA, ERNAKULAM”APPEARING IN THE ADDRESS OF THE 2ND RESPONDENT IN THE CAUSE TITLE IS DELETED AS PER ORDER DT.5.10.09 IN I.A. NO. 11710/09 BY GOVERNMENT PLEADER MR. K.S. MOHAMMED HASHIM ADV. P.J.DEVA PRASANTH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24889 of 2009(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF FACING PAGE OF PETITIONER'S BANK LOAN PASSBOOK. EXT.P2 - TRUE COPY OF THE LETTER DATED 22.12.2008 TO THE PETITIONER. EXT.P3 - TRUE COPY OF THE PETITIONER'S TITLE DEED DOC. NO. 1987 OF 1989 DATED 24.5.1989. EXT.P4 - TRUE COPY OF PETITIONER'S MERCY PETITION DATED 10/08/2009 TO THE 2ND RESPONDENT. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 24889 of 2009 ................................................. Dated this the 8th day of October, 2009 J U D G M E N T The petitioner in this writ petition is a defaulter in repayment of loan amounts due from her to the 2nd respondent Calicut Co-operative Urban Bank Ltd. Coercive recovery proceedings are in progress. Petitioner filed this writ petition aggrieved by the same. However, the petitioner does not now dispute the liability to pay or the quantum. She only seeks facility to pay off the amounts in installments. 2. Adv.P.J.Deva Prasanth appears on behalf of the 2nd respondent and opposes the prayers. After hearing both sides, I feel that the 2nd respondent can show some more leniency to the petitioner allowing her to pay off the amounts in installments. Accordingly, the writ petition is disposed of directing the 2nd respondent to permit the petitioner to pay off the entire amounts due in four equal monthly installments starting from 1.11.2009. Every subsequent installment shall be paid on the first working day of every succeeding month. If the petitioner pays the W.P(C) No. 24889 of 2009 -2- installments in time without default, further coercive proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of any one installment, it would be open to the 2nd respondent to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE rhs