IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 34880 of 2009(D) -------------------------- PETITIONER(S): --------------- SAROJINI.E.V, AGED 51 YEARS, D/O.VELAYUDHAN, ERATH HOUSE, POOKODU, VARAKKARA.P.O, THRISSUR. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR, (GENERAL), CO-OPERATIVE SOCIETY, THRISSUR. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES/ARBITRATOR SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., SAHAKARANA SATHABHI MANDIRAM, TUDA ROAD, THIRUVAMBADY.P.O, THRISSUR. 3. THE MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., H.O.KURPPAM ROAD, THRISSUR. ADV.P.C.SASIDHARAN, SC ADV SR.GOVT. PLEADER K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 34880 of 2009 ================== Dated this the 3rd day of December, 2009 J U D G M E N T The petitioner availed of a loan from the Thrissur District Co-operative Bank, repayment of which was defaulted by her. The bank initiated coercive recovery proceedings. Challenging the coercive recovery proceedings the petitioner has filed this writ petition seeking the following reliefs: “i) Issue a Writ of Mandamus or appropriate writ, order or direction, directing the respondents to provide an opportunity of instalment facility at the tune of Rs.10000/- per month to the petitioner. ii) Such other reliefs that this Hon'ble Court deems fit and proper.” 2. The learned counsel appearing for the bank stoutly opposes the prayers of the petitioner. According to him, after availing of the loan, the petitioner has not paid any amount whatsoever and therefore, the petitioner is not entitled to any indulgence from this Court. 3. After hearing both sides, I am of opinion that in view of the facts and circumstances of the case, the 3rd respondent can show some more leniency to the petitioner in the matter of repayment of the amounts due to the bank in instalments. Accordingly, this writ petition is disposed of with the following directions: The 3rd respondent shall permit the petitioner to pay off the 2 amounts due in five equal monthly instalments starting from 1.1.2010. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments in time, further coercive proceedings for recovery of the amount shall be kept in abeyance. However, if the petitioner commits default in paying any of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge