IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 21993 of 2009(T) -------------------------- OS.104/2009 of SUB COURT, TIRUR .................... PETITIONER(S): --------------- 1. MAJEED HAJI.M.A., S/O.MOOSA, PLALLIYALI HOUSE, SHANTHI VAYAL, A.R.NAGAR-TIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. BABU SHABEER, S/O.KUNJU MOHAMMED, MANGALASSERY HOUSE, SHANTHI VAYAL, A.R.NAGAR, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ SRI.SAJU.S.A RESPONDENT(S): --------------- 1. THE STATE BANK OF TRAVANCORE REPRESENTED BY MANAGER, VENGARA BRANCH, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TIRURANGADI. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN ADV.SRI.R.S.KALKURA, S.C. FOR SBT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.21993/09-T ORDER ON I.A.16100 OF 2009 IN W.P(C). 21993 OF 2009 DISMISSED. SD/- C.K. ABDUL REHIM, JUDGE. 22.12.2009 okb /True copy/ P.A. to Judge C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.21993 OF 2009 ------------------------------ Dated this the 22nd day of December, 2009 J U D G M E N T ---------------------- 1. Petitioners are aggrieved by the revenue recovery steps initiated pursuant to Ext.P3 notice for realisation of amounts due in a Bank loan account which was availed from the 1st respondent Bank. According to the petitioners coercive steps are being pursued without considering request of the petitioners to grant installment facility for payment of the entire balance. 2. On the basis of an interim order issued by this court on 28.8.2009, the petitioners have handed over a Demand Draft for an amount of Rs.1,00,000/- to the counsel appearing for the 1st respondent, on today. The total amount claimed under Ext.P3 notice is Rs.2,97,582/- along with future interest at the rate of 11.25%. Eventhough various contentions are raised against the recovery proceedings, petitioners are confining their prayer to the extent of permitting payment of the balance amount in installments. 3. Having considered facts and circumstances of the case, I am inclined to show indulgence in permitting the petitioners to pay off the entire balance amount due in 4 equal monthly installments. W.P.(C).21993/09-T 2 4. Accordingly the writ petition is disposed of directing the respondents to keep in abeyance further coercive steps of recovery pursuant to Ext.P3, if the petitioners remit the entire balance outstanding in the loan account in 4 (four) equal monthly installments falling due on or before 31.1.2010 and on or before the last day of the two succeeding months. 5. It is made clear that on the event of default in payment of any of the installments as stipulated above, the respondents will be at liberty to take further steps pursuant to the notice already issued and on such event the petitioners will be precluded from raising any further challenge against such proceedings either before this court or before any other forum. C.K.ABDUL REHIM, JUDGE. okb