IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 26803 of 2009(U) -------------------------- PETITIONER(S): --------------- PRAKASH P, S/O. KUTTAN THOZHUKKAL, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): --------------- 1. SPECIAL SALE OFFICER NEYYATTINKARA CO-OPERATIVE BANK, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. SECRETARY NEYYATTINKARA CO-OPERATIVE BANK NO.931, NEYYATTINKARA, THIRUVANANTHAPURAM. ADV. SRI.R.T.PRADEEP FOR R1-2 SRI.V.VIJULAL FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 26803/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE DEMAND NOTICE DTD.17.8.09 sdk+ ///True copy/// P.A. to Judge . S.SIRI JAGAN, J. ================== W.P(C).No.26803 of 2009 ================== Dated this the 26th day of October, 2009 J U D G M E N T The petitioner is a defaulter in repayment of loan amount due from him to the 2nd respondent. The respondents have initiated proceedings by issuing Ext.P1 demand notice. The petitioner is challenging the same. However, the petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks the facility to pay the amounts in instalments. 2. This is opposed by the learned counsel appearing for the respondents, who would submit that in spite of granting several opportunities to the petitioner, the petitioner has not availed of the same to repay the loan amount. 3. Having heard both sides, I am inclined to take a lenient view in the matter. It is submitted that the petitioner has already paid Rs.10,000/- as directed by the interim order dated 24.9.2009. The petitioner shall pay the balance amount in four equal monthly instalments starting from 1.11.2009. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on the due dates without default, coercive proceedings for recovery of the amounts in dispute shall be kept in abeyance. However, if the petitioner commits default in 2 payment of any of the instalments, it would be open to the respondents to take coercive proceedings without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge