IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 17484 of 2009(E) ------------------------------------- PETITIONER(S): ------------------------ ANILKUMAR.T.P, S/O.PADMANABHA PILLAI, PROPRIETOR, NATIONAL COMPUTERS, BYEPASS ROAD, THODUPUZHA. BY ADV. MR.ANIL THOMAS(T) SMT.K.V.RESHMI RESPONDENT(S): -------------------------- 1. STATE BANK OF TRAVANCORE, THODUPUZHA, IDUKKI DISTRICT, REP.ITS CHIEF MANGER. 2. THE CHIEF MANAGER, STATE BANK OF TRAVANCORE, THODUPUZHA, IDUKKI DISTRICT. 3. THE DEPUTY GENERAL MANAGER, STATE BANK OF TRAVANCORE, MAIN BRANCH, ERNAKULAM. 4. THE DISTRICT INDUSTRIES CENTRE, CHERUTHONI, IDUKKI, REP.BY ITS GENERAL MANAGER. BY ADV. MR.K.S.DILIP BY GOVT. PLEADER MR.P.K.BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 17484 OF 2009 ----------------------------------- Dated this the 6th day of July, 2009 J U D G M E N T The grievance of the petitioner is that, coercive proceedings are being pursued by the Bank without any regard to the earnest efforts taken by the petitioner to get the due amounts disbursed from the 4th respondent particularly in view of the direction given by this Court vide Ext.P2 judgment, followed by Ext.P3 order passed by the concerned authority sanctioning the amounts. Learned counsel for the petitioner submits that, as per Ext.P3 dated 23.05.2009, a sum of Rs.2,85,925/- will be obtained to the petitioner shortly and immediately on receipt of the same, it will be paid to the respondent Bank, in discharge of substantial portion of the liabilities. It is further pointed out that the petitioner is ready and willing to clear the balance amount as well, within a further period of two months. 2. Learned Counsel appearing for the Bank submits that, as on 01.07.2009, a total sum of Rs.3,04,800/- is due to be realised from the petitioner, besides interest and cost. Considering the facts and circumstances, the petitioner is directed to pay a sum of Rs.2,85,925/- to the respondent Bank within one month and the balance amount shall be WPC NO.17484/2009 2 cleared by way of two equal monthly instalments to be effected on or before the 30th of August, 2009 and on or before the 30th of September, 2009 respectively. Subject to the above, all coercive proceedings stated as being pursued against the petitioner shall be kept in abeyance. If any default is committed by the petitioner in clearing the amounts as above, the respondent Bank will be at liberty to proceed against the petitioner and his assets from the stage where it stands now, for realisation of the entire amount in lump sum. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc