IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 WP(C).No. 3666 of 2008(J) ------------------------- PETITIONER: ------------ SANTHOSH KUMAR E.K., AGED 47 YEARS, S/O.KITTU, EERAMATTATHIL HOUSE, THANNIPPARA BAGHAM, POONJAR, KOTTAYAM (DISTRICT). BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR SMT.SMITHA DIVAKARAN SRI.SREEVALSAN.V RESPONDENTS: ------------- 1. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM, REP. BY ITS GENERAL MANAGER. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. FOR R1 ADV. SRI.T.R.HARIKUMAR,SC,KTM DIST CO.BANK ADV.SRI.V.G.ARUN FOR R2 SENIOR GOVERNMENT PLEADER, SMT.ANU SIVARAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 3666 of 2008-J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 7th day of February, 2008 J U D G M E N T The petitioner availed a loan from the first respondent for housing purposes. He did not remit the E.M.I as due though the entire loan period has run out. The bank has however been benevolent in the wake of the fact that the petitioner is injured in a motor accident and as of now undergoing treatment. Ext.P1 shows that accident was in May, 2007. 2. I am inclined to take a view that the bank is justified in extending the petitioner the facility of re-scheduling the loan, provided, he pays the accrued interest. As a special case and having regard to the present physical situation of the petitioner, it is directed that if the petitioner pays the entire outstanding interest in four equal monthly instalments, payable on or before last working day of every month, commencing from February, 2008, the bank will consider re-scheduling the loan W.P.(C).No.3666/2008-J -: 2 :- as decided by him. If such remittances are being made promptly following these directions, the impugned recovery proceedings will stand suspended. The writ petition is disposed of as above. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge ms