IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 36663 of 2009(C) -------------------------- PETITIONER(S): --------------- V.T.JOHN, AGED 60 YEARS, S/O.THOMAS, VATTACHAL HOUSE, ARANAKKALLU KARA, MANJU MALAI VILLAGE, PEERMEDU TALUK. BY ADV. MR.LIJI.J.VADAKEDOM RESPONDENT(S): --------------- 1. PEERUMEDU TALUK CO-OP. (AGRICULTURE AND RURAL DEVELOPMENT) BANK NO.I.273, KUMILY BRANCH, (REP. BY ITS SECRETARY), KUMILY P.O., KUMILI, IDUKKI DISTRICT. 2. SPECIAL SALE OFFICER, PEERMEDU TALUK CO-OP. (AGRICULTURE AND RURAL DEVELOPMENT) BANK, KUMILY BRANCH, KUMILY P.O., IDUKKI DISTRICT. BY SR. GOVERNMENT PLEADER MR. K.C.SANTHOSH KUMAR ADV. SRI. JOICE GEORGE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ................................................ W.P(C) No. 36663 of 2009 ................................................. Dated this the 18th day of December, 2009 J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due from him to the 1st respondent bank. The 1st respondent bank has initiated coercive recovery proceedings for recovery of the loan amounts. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay the amounts due in installments. 2. I have heard the counsel appearing for the 1st respondent also. He opposes the prayers. According to him, since the 1st respondent themselves have given sufficient opportunity to the petitioner in the matter, the petitioner is not entitled to any further indulgence in the matter. 3. Having heard both sides, I am of opinion that the 1st respondent can show some more leniency to the petitioner in the matter of allowing the petitioner to pay off the amounts in installments. In the above circumstances, the writ petition is disposed of with the following directions: W.P(C) No. 36663 of 2009 -2- 4. The petitioner shall pay an amount of Rs.70,000/- before 31.12.2009. The balance amounts shall be paid in five equal monthly installments starting from 1.2.2010. Every subsequent installment shall be paid by the petitioner on the first day of every succeeding month. If the petitioner pays the initial amount of Rs.70,000/- and the installments on the due dates without fail, further coercive proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of either the initial amount or any of the installments on the due dates, it would be open to the respondents to continue proceedings as now initiated, without having to issue any fresh notice or proceedings in that regard. sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge