IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 12878 of 2009(D) -------------------------- PETITIONER(S): ------------------ K.VIJAYAN, S/O.SIVASANKARAN, KUZHIKKATTIL HOUSE, KODAKKADU POST, PARAPPANANGADI, MALAPPURAM. BY ADV. SRI.P.RAVINDRA NATH RESPONDENT(S): ------------------- 1. MALAPPURAM DISTRICT CO-OPERATIVE BANK, MALAPPURAM REPRESENTATION BY ITS GENERAL MANAGER. 2. THE MANAGER, MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD., PARAPPANANGADI, MALAPPURAM. ADV. SRI.V.KRISHNA MENON FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.12878/09 -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER DT 12.2.2009. EXT.P2: TRUE COPY OF THE REPRESENTATION DT. 25.2.2009. EXT.P3: TRUE COPY OF THE JUDGMENT IN WP.NO.17973/07 DT 17.7.2007. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ================ W.P.(C) NO. 12878 OF 2009 (D) ===================== Dated this the 8th day of June, 2009 J U D G M E N T The prayer sought in this writ petition is to quash Ext.P1 requiring the petitioner to deposit the amount mentioned therein in one lump and there is a further prayer to provide the petitioner monthly instalments in order to enable him to discharge the liability. It is now reported that pursuant to the interim order dated 28/4/2009, petitioner has deposited Rs.50,000/- as directed therein. 2. Standing counsel appearing for the 1st respondent informs that as on 28/4/2009, after giving credit to Rs.50,000/- deposited, the liability of the petitioner is Rs.1,40,226/-. 3. In so far as the prayer of the petitioner to enable him to discharge the liability by paying the amount as ordered in Ext.P1, having regard to the facts of the case, I am not in a position to accept the plea. This is for the reason that petitioner did not comply with the time frame provided in Ext.P1 and the direction in Ext.P3 judgment. In such circumstances, the petitioner cannot fall back upon Ext.P1 again. In view of this and WPC 12878/09 :2 : also having regard to the prayer for instalment facility that is sought before me, I dispose of this writ petition with the following directions. (1) The balance amount that is due from the petitioner together with future interest shall be remitted by the petitioner in 8 equal monthly instalments, the first of which shall be payable on or before 15th of June, 2009 and the subsequent instalments on or before 15th of every succeeding month. (2) Subject to payment of the instalments without any default, it is directed that coercive action against the petitioner shall not be initiated and it is clarified that in case of default, it is open to the respondents to initiate proceedings against the petitioner as is warranted in law. ANTONY DOMINIC, JUDGE Rp