IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 12796 of 2009(T) --------------------------------------- PETITIONERS: --------------------- 1. MOHAMMED.K, AGED 49 YEARS, S/O. YUSUF.K, KOLAMBIL HOUSE, MELE PATTAMBI.P.O, PALAKKAD. 2. HAMSA.K, AGED 48 YEARS, S/O. YUSUF.K, KOLAMBIL HOUSE, MELE PATTAMBI.P.O, PALAKKAD. 3. RASIYA, AGED 40 YEARS, W/O. LATE P.M. IBRAHIM, PARAMBAN HOUSE, KALLADIPATTA, ONGALLUR.P.O, PALAKKAD. BY ADVS. MR.G.SREEKUMAR (CHELUR), MR.K.RAVI (PARIYARATH). RESPONDENTS: ------------------------ 1. THE AUTHORISED OFFICER, THE FEDERAL BANK LTD., REGIONAL OFFICE, MISSION QUARTERS, THRISSUR - 680 001. 2. THE BRANCH MANAGER, THE FEDERAL BANK LTD., PULAMANTHOLE BRANCH, MALAPPURAM DISTRICT. R1 & R2 BY ADVS. MR.MOHAN JACOB GEORGE , SMT.P.V.PARVATHI, SMT.REENA THOMAS, MR.L.RAM MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12796/2009-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DEMAND NOTICE ISSUED BY THE R.1. DTD. 12/03/09. EXT.P.2: COPY OF THE LAWYER NOTICE ISSUED BY THE P.1. TO THE R.1. DTD. 18/03/2009. EXT.P.3: COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONERS COUNSEL DTD 26/03/09. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 12796 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 7th day of August, 2009 JUDGMENT The learned counsel for the petitioner submits that, the condition imposed by this Court, while granting the interim order dated 28.4.2009 has been complied with. 2. The learned counsel for the Bank on instructions submits that, the balance amount can be permitted to be cleared by way of reasonable installments. 3. Considering the facts and circumstances, the petitioner is directed to clear the balance amount under the loan transaction by way of 'six' equal monthly installments; the first of which shall be effected on or before the 31st of this month; to be followed by the remaining installments to be effected on or before the 30th of the succeeding months. It is made clear that, if any default is committed by the petitioner in discharging the liability as above, the respondent Bank will be at liberty to proceed with further steps for realization of the entire amount in lump sum, from the stage where it stands now. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd