IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 1970 of 2011(U) ------------------------- PETITIONERS:- ------------------- 1. JOSE T.D, S/O.LATE DEVASSY THANIKKAL HOUSE, ERAVU PO, THRISSUR. 2. BHOOPESH P.B, S/O.BALAN, VELANCHERRY HOUSE, NATTIKA, THRISSUR. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENTS:- --------------------- 1. MANAGER, BANK OF INDIA GURUVAYOOR, THRISSUR PIN 680 566. 2. DEPUTY THAHASILDAR (RR) CHAVAKKAD, TRICHUR PIN 680535. ADV. SRI.KODOTH SREEDHARAN FOR R1 GOVT.PLEADER SRI.BIJOY CHANDRAN FOR R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. = = = = = = = = = = = = = WP(C).No.1970 of 2011-U. = = = = = = = = = = = = = Dated this the 3rd March, 2011. J U D G M E N T Revenue recovery proceedings initiated by virtue of Ext.P1 notice is the subject matter of the challenge in this writ petition. The amounts sought to be realised pertains to dues in a loan account, which was availed by the petitioners from the first respondent. Eventhough various contentions are raised, I do dot find any legally tenable ground to hold that petitioners are not liable for payment of the amounts. However, learned counsel for the petitioners submits that, the petitioners are ready and willing to pay off the entire liability provided reasonable time is granted. 2. By virtue of an interim order passed by this Court on 21.1.2011, the petitioners were insisted upon for payment of ` 15,000/-. It is reported that the amount has already been paid. Eventhough interference on merit is not justifiable, I am of the view that indulgence can be shown in WP(C).No.1970 of 2011-U. 2 permitting the petitioner to pay off the entire balance in a phased manner, within a reasonable time. 3. Accordingly, the writ petition is disposed of directing the 2nd respondent to keep in abeyance all further coercive steps of recovery, provided the petitioners remit the entire outstanding balance, along with interest and other charges if any due, in 6 (six) equal monthly instalments, falling due on or before 31.3.2011 and on or before the last day of the succeeding months. 4. It is made clear that on the event of default in payment of any one of the instalments as stipulated above, the respondents will be free to proceed with further steps pursuant to the notices already issued, and on such event the petitioners will be precluded from raising any subsequent challenge. C.K.ABDUL REHIM, (Judge) Kvs/-