IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 30914 of 2008(E) -------------------------- PETITIONER(S): --------------------- JAGANATHA PRASAD, C.S.SADANAM, T.B.ROAD, KOTTAYAM. BY ADV. SRI.BECHU KURIAN THOMAS SMT.NISHA JOHN RESPONDENT(S): ----------------------- 1. DISTRICT COLLECTOR, KOTTAYAM. 2. DEPUTY TAHSILDAR, REVENUE RECOVERY, KOTTAYAM. 3. STATE BANK OF TRAVANCORE, KUMARANALLOOR BRANCH, KOTTAYAM, REPRESENTED BY ITS MANAGER. R1 & R2 BY GOVT. PLEADER SRI. BEJOY CHANDRAN. ADV. SRI.M.PATHROSE MATTHAI (SR.) FOR R3 SRI.SAJI VARGHESE FOR R3 SMT.MARIAM MATHAI FOR R3 SRI.P.THOMAS GEEVERGHESE FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.30914 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of October, 2008 JUDGMENT Petitioner is the father of a student, who took an educational loan from the third respondent. She completed her course in November, 2005. The loan was to be repaid in 84 monthly instalments of Rs.6200/- commencing after one year from the completion of the course or six months after securing a job. Petitioner is faced with recovery proceedings. Though there is a challenge against the validity of the recovery proceedings, learned counsel for the petitioner does not appear to seek relief on those lines. Instead it is submitted that the petitioner may be given instalment facility to pay the defaulted amount and may be permitted to regularise the account. 2. Learned counsel for the respondent Bank submits that if the petitioner pays a sum of Rs.One Lakh within ten days from today and pays the balance amount on or before 31.12.2008, the loan account can be regularised and he can continue to pay the instalments. Learned counsel for the petitioner prays for four months time. Having considered all the facts, the writ petition is disposed of as follows: WPC.30914/2008. 2 Petitioner is permitted to pay the defaulted amount, which the learned counsel for the respondent submits is Rs.2,04,600/-, in three equal monthly instalments, first of which shall be payable on or before 5.11.2008 and the further instalments on or before the fifth day of the succeeding months. If the petitioner defaults payment of any single instalment, petitioner will lose the benefit of this judgment and it will be open to the respondents to proceed with the recovery. In order to stop recovery proceedings, petitioner will also have to pay the regular instalments for the months of November, 2008, December, 2008 and January, 2009 and continue to pay the subsequent instalments. (K.M. JOSEPH, JUDGE) sb