IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 21228 of 2009(W) -------------------------- PETITIONER(S): --------------- JANARDHANAN.C.V., S/O.VELUKUTTY, CHOZHIANKUNNATHU HOUSE, P.O.KATTUKAMPAL, THRISSUR DISTRICT, KERALA-680 544. BY ADV. SRI.VIJU ABRAHAM SRI.JOY C. PAUL SRI.DOMINIC JOHNSON RESPONDENT(S): --------------- 1. THE ASSISTANT REGISTRAR OF CO-OP. SOCIETIES, ARBITRATOR CUM SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., KURUPPAM ROAD, THRISSUR. 2. THRISSUR DISTRICT CO-OPERATIVE BANK LTD., KURUPPAM ROAD, THRISSUR, REP. BY ITS GENERAL MANAGER. 3. BRANCH MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., PAZANJI BRANCH, PAZANJI, THRISSUR. BY SR. GOVERNMENT PLEADER MR. K.S.MOHAMMAD HASHIM ADV. SRI.P.C.SASIDHARAN,SC,THRISSUR DIST CO.B FOR ANK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21228 of 2009(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE ORDER DATED 24.7.2003. EXT.P2 - TRUE COPY OF THE PLAINT IN A.R.C. NO. 330/07. EXT.P3 - TRUE COPY OF HOUSING LOAN PASS BOOK A/C. NO. 116. EXT.P4 - TRUE COPY OF THE DEMAND NOTICE DT. 23.6.09. EXT.P5 - TRUE COPY OF THE REPRESENTATION BEFORE THE 2ND RESPONDENT. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 21228 of 2009 ................................................. Dated this the 8th day of October, 2009 J U D G M E N T The petitioner defaulted repayment of loan amounts taken by him from the 2nd respondent. The 2nd respondent filed an ARC before the 1st respondent for recovery of the same. The petitioner alleges that when he received notice in the ARC, he approached the bank, who agreed to permit the petitioner to continue to pay the balance in installments as per the loan agreement, after the petitioner pays off the defaulted arrears. The petitioner would contend that in accordance with that agreement, the petitioner was paying amounts as shown in Ext.P3. However, the Bank continued the ARC and are seeking to execute the orders passed in the ARC. The petitioner therefore submits that petitioner should be permitted to continue to pay the installments of repayment of loan in accordance with the loan agreement which was being permitted by the bank, as exemplified by Ext.P3 entries in his pass book. 2. A counter affidavit has been filed on behalf of the W.P(C) No. 21228 of 2009 -2- respondents 2 and 3 denying that there was any such agreement by the bank. According to the respondents 2 and 3 they never agreed to stall the ARC proceedings but the petitioner subsequently paid certain amounts which has been credited in his loan account, which was entered in the pass book also, which would not prove that there was any agreement between the petitioner and the bank. The bank would contend that the bank has continued the ARC proceedings and have obtained a decree against the petitioner, as per which the petitioner is liable to pay the amounts. 3. The petitioner seriously disputes the contentions in the counter affidavit. He points out that in Ext.P2 plaint in the ARC, apart from the loan amount and interest, other expenses are also mentioned. From the entries in Ext.P3 pass book, it is clear that those expenses have also been paid, which can only be as per agreement between the bank, since otherwise the petitioner has no reason to pay those amounts before the ARC is decreed. 4. On these materials, when the bank disputes any such agreement, I do not think that I can come to a conclusion that there was such an agreement between the bank and the W.P(C) No. 21228 of 2009 -3- petitioner. However, I feel that the petitioner should be permitted to pay off the balance amounts due as per the decree in the ARC in installments. Accordingly, the writ petition is disposed of directing the respondents 2 and 3 to permit the petitioner to pay off the balance amounts due as per the decree in the ARC in 20 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 the due dates without default, the proceedings for execution of the decree in the ARC shall be kept in abeyance. However, if the petitioner commits default in payment of any one of the installments, it would be open to the respondents 2 and 3 to get the decree in the ARC executed in accordance with law. S. SIRI JAGAN, JUDGE rhs