IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 15411 of 2009(V) -------------------------- PETITIONER: --------------- V.K.BALAN,KOUSTHUBHAM,PALLIKKARA, PALACHUVADU P.O. QUILANDY, KOZHIKODE. BY ADV. SRI.P.SREEKUMAR RESPONDENTS --------------- 1. THE AUTHORISED OFFICER AND CHIEF MANAGER,STATE BANK OF TRAVANCORE, CALICUT MAIN BRANCH. 2. STATE BANK OF TRAVANCORE, REPRESENTED BY THE CHIEF MANAGER, MAIN BRANCH, CALICUT. BY ADV. SRI.R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 15411 OF 2009 ......................................................................... Dated this the 25 th June, 2009 J U D G M E N T The petitioner is a retired Government servant, who has approached this Court challenging the coercive proceedings stated as being taken against him by the respondent Bank in the course of realisation of the due amount under the housing loan availed by the petitioner way back in 2005. It is true that the petitioner could not satisfy the monthly installments promptly, which however was never due to any wilful laches or deliberate negligence, submits the learned Counsel for the petitioner. Despite the adverse circumstances, the petitioner is stated as pursuing necessary steps to clear out the entire defaulted arrears and has effected a payment of Rs. Forty Thousand much after the issuance of the demand notice; simultaneously seeking for indulgence of the respondent Bank as per Ext. P2, which is stated as pending. 2. Heard the learned Counsel appearing on behalf of the respondent-Bank as well, who submits, on instruction, that a sum of Rs. 3.82 lakhs is due under the loan account, as on 11.06.2009 and W.P.(C) No. 15411 OF 2009 2 that the total liability may go upto 4.5 lakhs including interest and such other expenses. The learned Counsel for the petitioner submits that the total loan period is ten years and that on permitting the loan account to be regularised, once the entire defaulted arrears are cleared by the petitioner, he will ensure that no further default is committed in effecting the monthly installments. The said submission is vehemently opposed from the part of the respondent -Bank. The frustrating circumstances of the petitioner, particularly being a retired Government servant, is highlighted by the learned Counsel for the petitioner. 3. After considering the facts and circumstances, this Court finds it fit and proper to give one more opportunity to the petitioner to clear the entire outstanding arrears towards the defaulted E.M.Is and to have the loan account regularised before he is caused to be ousted from the residential building, throwing the petitioner and his family members to the streets. It is made clear that the outstanding liability towards the defaulted arrears with interest and cost, to be intimated by the Bank within two weeks, shall be cleared by the petitioner by way of three equal W.P.(C) No. 15411 OF 2009 3 monthly installments; the first of which shall be paid on or before 15.07.2009 and the balance amount shall be paid on or before 15.08.2009 and 15.09.2009 respectively. This is, in addition to the liability of the petitioner to effect the regular monthly installments payable by him. Subject to the above, the coercive proceedings stated as being pursued against the petitioner shall be kept in abeyance . It is also made clear that if any default is committed from the part of the petitioner in clearing out the defaulted E.M.Is, as above or if any two consecutive defaults are committed in paying the regular monthly installments, the respondent Bank will be at liberty to proceed against the petitioner with further steps , from the stage where it stands now, for realisation of the entire amount in a lump sum. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk