IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 19298 of 2011(J) ---------------------------------------- PETITIONER(S): ----------------------- JACOB P.K., S/O. KUNJI THOMAN, AGED 58, PANJIKARAN HOUSE, KUTTIKAD P.O., THRISSUR DISTRICT. BY ADV. SRI.KOSHY GEORGE, SRI.P.I.DAVIS. RESPONDENT(S): ------------------------ 1. MANAGER, STATE BANK OF TRAVANCORE, CHALAKUDY, THRISSUR DISTRICT-680 609.. 2. DEPUTY TAHSILDAR (REVENUE RECOVERY), MUKUNDAPURAM, THRISSUR DISTRICT-691 585. R1 BY ADV. SRI.T.SETHUMADHAVAN, SRI.PUSHPARAJAN KODOTH. R2 BY SR. GOVT. PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 19298 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE STATEMENT OF ACCOUNTS. EXT.P2: COPY OF THE NOTICE UNDER S.7 OF R.R. ACT DATED 18/06/2011. EXT.P3: COPY OF THE NOTICE UNDER SECTION 34 OF REVENUE RECOVERY ACT DATED 18/06/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 19298 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th day of July, 2011. J U D G M E N T The petitioner obtained an educational loan for her daughter. The petitioner defaulted repayment of loan amounts. The respondents have initiated recovery proceedings, which is under challenge in this writ petition. The petitioner seeks a facility to regularise the loan account and to continue to pay the instalment amounts as per the original loan agreement. This is opposed by the counsel for the 1st respondent-bank. 2. Having heard both sides, I dispose of this writ petition with the following directions: The respondents shall permit the petitioner to pay the outstanding arrears of instalments with interest within a period of one month. If the petitioner clears the outstanding arrears of instalments and regularises the loan account, the 1st respondent shall permit the petitioner to pay off the regular instalments as per the original loan agreement without default. If the petitioner pays the amounts without default, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in complying with the above directions, it would be open to the respondents to continue W.P(C) No. 19298 of 2011 -: 2 :- proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. The 1st respondent shall supply the petitioner with a copy of the loan agreement as well as the statement of accounts regarding the outstandings within one week. Sd/- S. Siri Jagan, Judge. Tds/