IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23842 of 2011(E) -------------------------- PETITIONER(S): --------------- ALICE THOMAS, PROPRIETOR, A.B.T. CURRY POWEDER, MANGALAYAM, KOTTARKAVU,MAVELIKKARA-690 101. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE, REPRESENTED BY ITS MANAGER, MAVELIKKARA BRANCH, ALAPPUZHA DISTRICT, PIN-690 101. 2. THE TAHASILDAR, MAVELIKKARA-690 101. GOVERNMENT PLEADER SHRI.C.K.GOVINDAN ADV.SATHISH NAINAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 23842/2011 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE DEMAND NOTICE DTD.20.5.2011. P2. COPY OF THE NOTICE DTD.20.5.11. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 23842 of 2011 ================== Dated this the 2nd day of September, 2011 J U D G M E N T The petitioner availed of a loan for self employment under the Prime Minister's Rosgar Yojana Scheme from the 1st respondent bank. The petitioner committed default in repayment. The bank initiated revenue recovery proceedings through the 2nd respondent. The petitioner challenges the same. The petitioner seeks instalment facility to pay off the amounts due. The petitioner also seeks a direction to the 1st respondent to waive penal interest. 2. Both are opposed by the learned standing counsel for the bank. 3. Having heard both sides, I dispose of this writ petition with the following directions: The petitioner shall pay the balance amounts due in six equal monthly instalments starting from 1.10.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner files an application before the 1st respondent for waiver in interest, the 1st respondent shall consider the same in accordance with the rules and policies of the bank. The petitioner need only pay the amount as decided by the bank after considering the application of the petitioner. If the petitioner pays the instalments on w.p.c.23842/11 2 the due dates as directed above, further proceedings under the Act 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