IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 11428 of 2010(C) ----------------------------------------- PETITIONER(S): ------------------------- 1. FRANCIS, S/O.JOSEPH, NEELANKAVIL PARAYIL, KOZHUKULLY P.O., THRISSUR DISTRICT. 2. TESSY FRANCIS, W/O.FRANCIS, NEELANKAVIL PARAYIL, KOZHUKULLY P.O., THRISSUR DISTRICT. BY ADVS. SRI.N.K.SUBRAMANIAN, SRI.S.ANANTHAKRISHNAN. RESPONDENT(S): -------------------------- 1. THE NADATHARA FARMERS' SERVICE CO-OPERATIVE BANK LTD.NO.3499, P.O.NADATHARA, THRISSUR DISTRICT. 2. SPECIAL SALE OFFICER, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THRISSUR. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. R1 BY ADV. SRI. C.E. UNNIKRISHNAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.11428 of 2010 ------------------------------------------- Dated this the 31st day of March, 2010 JUDGMENT The petitioners are husband and wife who are defaulters in repayment of loans due to the first respondent bank. They had availed two loans of Rs.2 lakhs each for starting a Chicken Hatchery. However, the business collapsed and the amount is now remaining in default. Though the petitioners were invited to settle the matter in the Adalath, the matter could not be settled, because their son who was afflicted with blood cancer had to be subjected to prolong and extensive treatment. The petitioners are facing acute financial problems. Though they are entitled to the benefits of Circular No.2/2010 issued by the Government, they are not in a position to avail the benefits thereof due to paucity of funds. Since the scheme is expiring today, the petitioners pray for atleast the permission to pay the amounts due in monthly instalments. 2. Having considered the facts and circumstances wpc No.11428/2010 2 narrated in the writ petition and the pathetic situation of the petitioners, I feel that the petitioners can be granted permission to pay the amounts due to the first respondent bank in instalments. However, the permission can be granted only on the petitioners proving their bonafides by making substantial payments. 3. In the above circumstances, this writ petition is disposed of directing the petitioners to pay an amount of Rs.2,00,000/- (Rupees Two lakhs only) on or before 16.4.2010. The balance amount shall be paid by the petitioners in eight equal monthly instalments starting from 16.5.2010. It is clarified that in the meantime, if the period of Circular No.2/10 is extended by the Government or similar other circulars are introduced by the Government, the petitioner can avail the benefits of such concessions also. In the event of the petitioners committing default in payment of the instalments as stipulated above, the bank shall be free to recover the entire amounts demanded in accordance with law. K.SURENDRA MOHAN, JUDGE css/