IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WA.No. 1558 of 2009 ------------------------------------ AGAINST THE JUDGEMENT IN WPC.16759/2009 Dated 17/06/2009 .................... APPELLANT/PETITIONER ------------------------------------ N.J.DEVASSIA, S/O. N.R.JOSEPH, NELLIKATHERUVIL HOUSE, PANAMPILAVU, AREACODE, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/RESPONDENTS -------------------------- 1. H.D.F.C. LTD., NAMSO CENTRE, DOWN HILL, MALAPPURAM, REPRESENTED BY THE AUTHORIZED OFFICER. 2. THE BRANCH MANAGER, H.D.F.C., NAMSO CENTRE, DOWN HILL, MALAPPURAM. BY ADV.SRI.K.K.CHANDRAN PILLAI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1558 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2009 JUDGMENT Basheer, J. Appellant is before us seeking to invoke the sympathy jurisdiction of this court rather than on any legal or sustainable grounds on merits. 2. Appellant had approached the learned Single Judge contending, inter alia, that the liability on him to repay the outstanding loan amount to the respondent Bank in monthly instalments of Rs.50,000/- is too onerous and unbearable especially in view of the fact that he has been bed-ridden for a long time after he met with an accident. 3. However, it is admitted by the appellant that Ext.P4 judgment stares at his face, under which he had agreed to discharge the entire liability by making a lump sum payment of Rupees one lakh within three weeks from the date of judgment dated January 15, 2009 and pay the balance in monthly instalments at the rate of Rs.50,000/- payable on or WA No.1558/09 -:2:- before the last working day of every month commencing from February 2009. It is again beyond controversy that the petitioner had made only the lump sum payment of Rs.1 lakh. 4. The learned Single Judge before whom the present writ petition came up, had adverted to Ext.P4 judgment and held that the petitioner cannot get any further reliefs. 5. When the writ appeal came up for consideration we had directed the learned Standing Counsel for the Bank to find out whether any leniency can be shown to him in view of his present physical condition. Sri.K.K.Chandran Pillai, learned Standing Counsel for the Bank, very fairly and with utmost compassion submitted before us that the Bank is prepared to agree to a lesser monthly instalment, provided, the appellant does not commit any further default in future. Learned counsel for the appellant undertakes before us that the appellant who is now fighting against odds, will abide by any direction that may be issued by this Court. 6. Having regard to the peculiar facts and circumstances WA No.1558/09 -:3:- of the case, we dispose of the writ appeal with the following directions: The appellant shall pay off the entire balance in monthly instalments at the rate of Rs.20,000/-. The first instalment shall be paid on September 1, 2009 and the subsequent instalments on the first of every succeeding month. If the appellant commits single default in making the payment, the benefit given to him will stand withdrawn and the bank will be at liberty to recover the entire amount in lump in terms of Ext.P4 judgment. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.1558/09 -:4:-