IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 22087 of 2010(I) -------------------------- PETITIONER(S): --------------- APPUKUTTAN S/O. THEETHELAN, AGED 83, KUNNUPARAMBU, MUDAPPALLUR, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY SMT.A.PREMAKUMARI RESPONDENT(S): --------------- 1. THE ALATHUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, NO.P 620, VADAKKENCHERRY BRANCH, VADAKKENCHERRY, PALAKKAD DISTRICT - 678683, REP.BY ITS MANAGER. 2. THE SPECIAL SALE OFFICER, THE ALATHUR PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., P 620, ALATHUR, PALAKKAD DISTRICT PIN-678541. ADV. SRI.P.K.VIJAYAMOHANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 22087 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 6th day of September, 2010 JUDGMENT Challenge in this writ petition is against Ext.P2 notice issued by 2nd respondent, pursuant to proceedings initiated for recovery of amounts due in a loan account availed by petitioner from 1st respondent bank. The petitioner on receipt of Ext.P2 notice submitted Ext.P3 representation, disputing correctness of the amounts and also seeking instalment facility. Since Ext.P3 was not considered and coercive steps were being pursued, the petitioner has approached this Court. 2. By virtue of an interim order passed by this Court on 15-7-2010 further proceedings was staying, subject to condition of remitting a sum of Rs.40,000/- within 10 days from the date of the order. It is admitted that the said amount was paid on 26-7- 2010. In a statement filed on behalf of the respondents it is mentioned that after crediting such payment, the balance W.P.(C) No. 22087/2010 2 outstanding will come to Rs.1,14,732/-. 3. Even though various grounds are raised, disputing correctness of Ext.P2, learned counsel appearing for the petitioner submitted that petitioner is ready and willing to pay off the entire liability, provided sufficient time is granted to pay such amount in instalments. Learned counsel for respondents opposes the prayer on the premise that the loan account is in chronic default. 4. Considering the totality of circumstances attendant in this case, I am inclined to show indulgence in permitting the petitioner to pay off the entire liability within a reasonable time. 5. In the result, the writ petition is disposed of directing the respondents to keep in abeyance further coercive steps pursuant to Ext.P2, subject to the condition that the petitioner remits the entire balance amount outstanding, including interest if any accruing in future, in five equal monthly instalments falling due on or before 30-9-2010 and on or before the last date of the four (4) succeeding months. It is made clear that on the event of default in payment of any of the instalments, the respondents will be free to proceed with further steps pursuant to ext.P2. On such event the petitioner is precluded from raising W.P.(C) No. 22087/2010 3 any subsequent challenge with respect to the proceedings either before this Court or before any other forum. C. K. ABDUL REHIM, JUDGE. mn.