IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28843 of 2011(E) ---------------------------------- PETITIONER(S): --------------- SHRI.ASKAR T.A., AGED 32 YEARS, S/O.ABOOBACKER, ALMAS HOUSE, THENGODE P.O., EDACHIRA, KAKKANADU VILLAGE. BY ADV. SRI.BABU CHERUKARA SRI.P.A.SALIM RESPONDENT(S): --------------- 1. THE MANAGER, BANK OF INDIA, EKM-HOUSING FINANCE AND PERSONAL BANKING BRANCH, KALOOR, KOCHI-17. 2. THE DEPUTY TAHSILDAR (RR), KANAYANNOOR TALUK, KOCHI-682011. 3. THE VILLAGE OFFICER, KAKKANADU VILLAGE, KAKKANADU P.O., PIN-682030. ADV. SRI.V.SUNIL KUMAR,SC,BANK OF INDIA FOR R1 SRI. S. JAMAL – GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28843 of 2011(E) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE PHOTOSTAT COPY OF THE STATEMENT OF ACCOUNT FROM 9-10-2007 TO 29-9-2009, OF BANK OF INDIA ERNAKULAM BRANCH. EXHIBIT P2: TRUE PHOTOSTAT COPY OF THE NOTICE BEARING NO.DC'S RRC NO. B12-2011/3618/7 ALONG WITH NOTICE U/S.34 OF THE R.R.NOTICE. RESPONDENTS' EXHIBITS : NIL TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No. 28843 OF 2011 ---------------------------------------------- Dated this the 28th day of October, 2011 JUDGMENT The petitioner is aggrieved by the revenue recovery proceedings initiated by the respondents for recovery of loan amounts due from the petitioner to the 1st respondent bank. The petitioner only seeks facility to pay off the amounts due in instalments. 2. This is opposed by the learned counsel for the Bank. Having heard both sides, taking a lenient view, I dispose of this writ petition with a direction to the respondents to permit the petitioner to pay off the balance amount due in ten equal monthly instalments starting from 01.12.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default W.P.(C)No.28843/11 2 in payment of any one 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. S. SIRI JAGAN, JUDGE acd W.P.(C)No.28843/11 3