IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WA.No. 1801 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.19127/2009 Dated 10/07/2009 .................... APPELLANT/PETITIONER: --------------------------- LAKSHMY, AGED 70 YEARS, W/O.LATE VELAYUDHAN, MANIKKATH HOUSE, P.O.ANAKKARA, VIA PARAPPUR, TRICHUR DISTRICT. BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE AUTHORISED OFFICER, THE TRICHUR URBAN CO-OPERATIVE BANK LIMITED, NO.87, HEAD OFFICE, MISSION QUARTERS, TRICHUR - 680 001. 2. THE SECRETARY, THE TRICHUR URBAN CO-OPERATIVE BANK LIMITED, NO.87, HEAD OFFICE, MISSION QUARTERS, TRICHUR - 680 001. 3. THE MANAGER, THE TRICHUR URBAN CO-OPERATIVE BANK LIMITED, NO.87, HEAD OFFICE, MISSION QUARTERS, TRICHUR - 680 001. R1 TO R3 BY SRI.C.D. DILEEP, SC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1801 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of October, 2009 JUDGMENT Basheer, J. Aggrieved by the order passed by the learned Single Judge in WP(C) No.9217 of 2009, the appellant has preferred this Writ Appeal. 2. In the light of the intervening developments we do not deem it necessary to refer to the various contentions raised by the appellant. Suffice it to say that the main contention raised by the appellant is that the Bank had been demanding exorbitant amounts from her, though the actual liability was far less. Any how, the Bank has reconsidered the matter as directed by this Court during the pendency of this appeal. 3. Today when the case is taken up it is submitted by learned counsel for respondent Nos.2 and 3 that the total amount payable by the appellant as on today is Rs.1,42,390/-. This amount has been reckoned after giving WA No.1801 of 2009 -:2:- concession and reduction in the rate of interest to the extent possible. 4. Learned counsel for the appellant submits that the appellant is prepared to acknowledge the said sum of Rs.1,42,390/- as the outstanding balance payable by her to the Bank as on today. It is further submitted by him that an amount of Rs.50,000/-(Rupees fifty thousand only) will be paid within two weeks from today. She prays for instalment facility to pay the balance amount. It is agreed by the learned counsel for the Bank that no further interest on the amount mentioned above will be claimed from the appellant if she remits the entire amount within the time frame to be fixed by this Court. 5. Appellant shall pay Rs.50,000/-(Rupees fifty thousand only) within two weeks from today. She shall pay the balance amount in four equal monthly instalments. The first of which shall be paid on or before November 20, 2009. The remaining instalments shall be paid on or before 20th of WA No.1801 of 2009 -:3:- the succeeding three months. 6. However, if the appellant commits default in making payment of any of the instalments referred to above or the sum of Rs.50,000/- which she agrees to pay within two weeks from today, it will be open to the Bank to recover the entire amount in lump sum in which event the appellant shall be liable to pay interest on the entire outstanding dues referred to above. The Writ Appeal is disposed of in the above terms. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.1801 of 2009 -:4:-