IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 17155 of 2011(T) ---------------------------------------- PETITIONER(S): ------------------------ VIJAYAN.N.K., S/O.SANKARAN NAIR, NJAREKKAT HOUSE, KIRALOOR P.O., THRISSUR DISTRICT. BY ADVS. SRI.TONY CHACKO, SRI.K.I.SAGEER. RESPONDENT(S): --------------------------- 1. STATE BANK OF TRAVANCORE, THIRSSUR ROUND SOUTH BRANCH, P.B.NO.118, PRESIDENT BAZAR, KURUPPAM ROAD, THRISSUR. 2. DISTRICT COLLECTOR, THRISSUR DISTRICT, COLLECTORATE, THRISSUR - 688 012. 3. AUTHORIZED OFFICER/DEPUTY TAHASILDAR(R.R), THALAPPALLY TALUK, THRISSUR DISTRICT - 688 042. 4. VILLAGE OFFICER, KEERALUR VILLAGE, THALAPPALLY TALUK, THRISSUR DISTRICT - 688 042. R1 BY SRI.T.SETHUMADHAVAN,SENIOR ADVOCATE,SC BY ADV. SRI.PUSHPARAJAN KODOTH. R2 TO R4 BY SR GOVERNMENT PLEADER SRI. C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17155/2011 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF PETITIONER'S CAR BEARING REG.NO.KL-48/2682. P2: COPY OF THE DEMAND NOTICE UNDER FORM I ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DTD. 02/06/2011. P2(A): COPY OF THE NOTICE OF DEMAND UNDER FORM 10 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DTD. 2/06/11. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J. ================== W.P.(C).No. 17155 of 2011 ================== Dated this the 21st day of July, 2011 J U D G M E N T The petitioner availed of a loan from the 1st respondent bank for purchasing a car. The petitioner defaulted payment of instalments of repayment. The respondents initiated revenue recovery proceedings for recovery of the defaulted instalments, which are under challenge in this writ petition. The petitioner submits that the amounts mentioned are not correct. But the petitioner is prepared to pay off the balance amounts in instalments. 2. This is opposed by the learned standing counsel for the bank. 3. This Court passed an interim order on 28.6.2011 as follows: “SC for 1st respondent seeks time to get instructions. In the meanwhile, further coercive steps of recovery initiated pursuant to Ext.P2 notice including sale if any conducted shall be kept in abeyance subject to condition of the petitioner remitting a sum of Rs.1,00,000/- within three weeks from today. Post after three weeks.” It is submitted that the amount as per the said interim order has been paid. 4. Having heard both sides, I dispose of this writ petition with the following directions: The 1st respondent shall issue a statement of accounts to the w.p.c.17155/11 2 petitioner within two weeks from today. The petitioner shall pay the balance amounts due in ten equal monthly instalments starting from 1.8.2011. 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 shall be kept in abeyance. However, if the petitioner commits default in payment of any of the instalments, 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/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge