IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 2317 of 2010(L) ------------------------------------- PETITIONER: ------------------- CHINNAMMA KOSHY, W/O.LATE MR.M.C.KOSHY, RESIDING AT VATTAKKUNNU KALEEKKAL HOUSE, KUNNIDA, CHELIKUZHY P.O., KOLLAM DISTRICT. BY ADVS. MR.C.A.MAJEED, SMT.DEEPTHI MARY VARGHESE, MR.K.H.ASIF. RESPONDENTS: ------------------------ 1. STATE BANK OF INDIA, ELAMANNUR BRANCH, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGER. 2. AUTHORIZED OFFICER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, BEACH ROAD, ALAPPUZHA. R1 & R2 BY MR. P.V. SURENDRANATH, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No. 2317of 2010 -------------------------- Dated this the 4th February, 2010 J U D G M E N T The petitioner had availed two loans from the respondent Bank in the year 2001 and 2004; one in connection with the construction of a building and the other one in connection with her business. It is stated that the petitioner had regularly been making repayment, but because of some unforeseen circumstances, the petitioner turned to be a defaulter, also in view of the sudden fall in the business. That apart, the petitioner and her family were also struck hard, when the son of the petitioner had to undergo a 'bypass surgery' and is still continuing treatment as evidenced by Ext.P3 certificate and also Ext.P4 bills. The default on the part of the petitioner is stated as not wilful or deliberate at all. It is stated that the petitioner is taking earnest efforts to see that the liability is wiped of, at the earliest. 2. The learned counsel appearing for the Bank submits on instructions that, as on 30.1.2010, a total sum of Rs.9.35 lakhs is due to be cleared from the part of the W.P (C) No. 2317of 2010 2 petitioner under both the loans and that the action pursued by the Bank is strictly in conformity with the relevant provisions of law. 3. Considering the particular facts and circumstances and also the persuasive submissions made by the learned counsel for the petitioner with specific reference to the illness of her son and the treatment being undergone, this Court permits the petitioner to clear the liability in a phased manner. Accordingly, the petitioner is directed to pay a sum of Rs.1.5 lakhs on or before the 28th of this month and the balance amount shall be paid by way of 'seven' equal monthly instalments, the first of which shall be effected on or before 30.3.2010, to be followed by the subsequent instalments to be effected on or before the 30th of the succeeding months. 4. Subject to the above, all coercive steps pursuant to Ext.P5 shall be kept in abeyance. It is made clear that if any default is committed by the petitioner in satisfying the liability as above, the respondent Bank will be at liberty to proceed with further steps for realisation of the entire W.P (C) No. 2317of 2010 3 amount in a lump sum. It will also be open to the petitioner to pursue Ext.P6 by approaching the bank in the meanwhile. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE ma W.P (C) No. 2317of 2010 4 W.P (C) No. 2317of 2010 5