IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 WP(C).No. 17032 of 2009(Y) -------------------------- PETITIONER(S): --------------- A.SABU, S/O. LATE ABDUL SHUKOOR, AGED 40 YEARS, DEEPTHI NIVAS, PANACHIMOOD LANE, PATTOM, TVM. BY ADV. SRI.BRIJESH MOHAN RESPONDENT(S): --------------- QUILON CO-OPERATIVE URBAN BANK LTD., MAIN BRANCH, KOLLAM -1, REPRESENTED BY ITS BRANCH MANAGER. ADV. SRI.N.DHARMADAN, SENIOR ADVOCATE FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 17032 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 10th September, 2009. J U D G M E N T The petitioner is a defaulter in repayment of loan amounts taken by the petitioner from the respondent-Bank. The petitioner has filed this writ petition apprehending coercive recovery proceedings . The petitioner does not dispute the quantum or the liability to pay. The only prayer of the petitioner is that the petitioner may be permitted to pay off the amounts in instalments. This is opposed by the counsel for the Bank. According to counsel, the petitioner was given sufficient opportunity to pay off the amounts and therefore he is not entitled to any more indulgence in the matter. 2. I am of opinion that the respondent can show some more leniency to the petitioner for paying off the amounts in instalments. Accordingly, the writ petition is disposed of with the following directions: The petitioner shall pay an amount of Rs. 50,000/- within two weeks from today. The balance amounts due shall be paid in five 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 initial amount of Rs. 50,000/- and the instalments on the due dates, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of either Rs. 50,000/- or any of the subsequent instalments, it would be open to the respondents to continue proceedings for coercive recovery in accordance with law. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.