IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 21595 of 2010(Y) --------------------------------------- PETITIONER: ------------------- RAVINDRAN.N.P., S/O.P.KUNJUKANARAN, A/18, ROYAL CREST HILITE, CHULLIYOD ROAD, CIVIL STATION P.O., CALICUT-673 020. BY ADV. SRI.K.M.SATHYANATHA MENON. RESPONDENTS: ------------------------ 1. AUTHORISED OFFICER, SBI, RASMECCC, KOZHIKODE, KALLAI HEIGHTS, KALLAI (.P.O.), KOZHIKODE- 673 003. 2. ASST.GENERAL MANAGER, SBI, MAIN BRANCH, MANANCHIRA.(P.O), KOZHIKODE- 673 001. R1 & R2 BY SRI.K.K.CHANDRAN PILLAI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. R. RAMACHANDRA MENON, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 21595 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 29th day of July, 2010 JUDGMENT Petitioner availed a vehicle loan of Rs.2,88,000/- from the from the respondent bank on 28-7-2006, agreeing to repay the amount by way of regular EMIs as scheduled. It is the case of the petitioner that, the monthly payments were being effected promptly till 27-12-2008, but thereafter, there occurred some default, because of some cardiac problems and he was hospitalized, as stated in paragraph 2 as well as in Ground B in the writ petition. It is also the case of the petitioner that the son of the petitioner lost the employment abroad and this made the position very worse. The petitioner is now before this Court challenging the steps taken by the respondent bank under the Revenue Recovery Act. 2. Learned standing counsel appearing for the respondent bank, on instructions, submits that because of the continued default on the part of the petitioner for nearly W.P.(C) No. 21595/2010 2 two years, there was no other alternate but to proceed under the Revenue Recovery Act; simultaneously adding that the steps taken by the respondent bank are in conformity with the statutory requirements and not assailable under any circumstances. 3. However, taking note of the particular facts and circumstances, as narrated in the writ petition and also the submissions made by the learned counsel for the petitioner, this Court finds it fit and proper to give one more opportunity to save the situation. It is brought to the notice of this Court by the learned counsel for the bank that the outstanding liability as on 1-7-2010 is Rs.2,90,391. 4. In the above circumstances, the petitioner is directed to clear the outstanding liability by way of '10' equal monthly instalments; the first of which shall be effected on or before the 28th August, 2010, to be followed similar instalments to be effected on or before the 28th of the succeeding months. Subject to this, the recovery proceedings shall be kept in abeyance for the time being. It W.P.(C) No. 21595/2010 3 is made clear that if any default is committed by the petitioner in clearing the outstanding amount as above, the respondent bank will be at liberty to proceed with further steps for realization of the entire amount in a lump sum. The writ petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE. mn.