IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 7118 of 2011(L) -------------------------------- PETITIONER(S): ------------------- UMA.K.M, W/O.SREEKANTH, KOLLIKKATHARA HOUSE, KAVIL VADAKKU, KODUNGALLUR, THRISSUR DISTRICT. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S): -------------------- 1. MANAGER, BANK OF INDIA, GURUVAYOOR, THRISSUR, PIN-680 514. 2. DEPUTY TAHASILDAR (RR), KODUNGALLUR, TRICHUR DISTRICT, PIN-680 526. R1 BY ADV. SRI. KODOTH SREEDHARAN R2 BY GOVT.PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 7118/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DEMAND NOTICE NO.2010/51574/8 DATED 14/12/2010 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P2: COPY OF THE DEMAND NOTICE NO.2010/51574/8 DATED 14/12/2010 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.7118 of 2011-L ---------------------------------------- Dated this the 8th day of June, 2011. J U D G M E N T Revenue recovery steps initiated for realising amounts due under a loan account, which was availed by the petitioner from the 1st respondent Bank, is under challenge in this writ petition. Eventhough various contentions are raised, I do not find any legally tenable grounds to hold that the petitioner is not liable for payment of the amounts under demand. However, by way of indulgence an interim order was issued restraining further recovery steps, subject to condition of the petitioner remitting a sum of Rs.50,000/-. It is reported that, the petitioner had complied with such condition. 2. It is noticed that the total amount demanded under Ext.P1 is a sum of Rs.1,77,294/- along with future interest. Learned counsel for the petitioner made an appeal to this Court to permit payment of the balance outstanding in a phased manner, within a reasonable time. 3. Eventhough interference on merits is not warranted, I am of the view that the petitioner can be permitted to pay off the W.P(C) No.7118 of 2011-L 2 entire balance in instalments, within a reasonable time. 4. Accordingly, the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery initiated pursuant to Exts.P1 and P2 notices, subject to condition of the petitioner remitting the entire balance along with interest and expenses if any due, in 8 (eight) equal monthly instalments, falling due on or before 30.6.2011 and on or before the last day of succeeding months. 5. It is made clear that on the event of default in payment of any one of the instalments as stipulated above, the respondents will be free to proceed with further steps. It is made clear that the above relief is granted subject to condition that the petitioner will be precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM, JUDGE ab