IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(C).No. 25660 of 2009(B) ------------------------------------- PETITIONER(S): --------------- SREEDHARAN, AGED 52 YEARS, EDATHUMTHAZHAKUTTIYIL, RAYORATH, KARIYAD P.O. THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.K.ANAND RESPONDENT(S): --------------- 1. THE ARBITRATION AND EXECUTION INSPECTOR NO.1, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOOTHUPARAMBHA. 2. THE CHOKLI SERVICE CO-OPERATIVE BANK, CHOKLI P.O, REPRESENTED BY ITS SECRETARY. BY SR. GOVERNMENT PLEADER MR. K.S.MOHAMMED HASHIM ADV. MR. K.P.SARVOTHAMAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25660 of 2009(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE NOTICE IN E.P.NO. 700/05-06 DATED 10.8.2009. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 25660 of 2009 ................................................. Dated this the 26th day of October, 2009 J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due to the 2nd respondent Co-operative Bank. The bank has initiated coercive recovery proceedings for recovery of the loan amount. The petitioner is challenging the same. However, the petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the balance amounts due in installments. 2. Although notice has been served on the 2nd respondent none appears for the 2nd respondent. Having heard the counsel for the petitioner, I dispose of this writ petition as follows: At the time of admission, I had granted an interim stay on condition that the petitioner pays Rs.10,000/- within two weeks. It is submitted before me that the said amount has been paid. The 2nd respondent shall permit the petitioner to pay off the balance amounts due in five equal monthly installments starting from 1.11.2009. Every subsequent installment shall be paid on the first working day of every succeeding month. If the petitioner pays the installments on due dates without default, further coercive W.P(C) No. 25660 of 2009 -2- recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of any one installment, 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/- S. SIRI JAGAN, JUDGE rhs This writ petition was posted today for “to be spoken to”at the request of the learned counsel for the 2nd respondent bank. In view of the fact that he was not present at the time when the writ petition was heard and disposed of, I gave him an opportunity of being heard. However, even after hearing him at length, I do not find it necessary to make any changes in the judgment. sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge