IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 18879 of 2009(D) -------------------------- PETITIONERS: --------------- 1. R.GEORGE JOSEPH, S/O.ROBAL JOSEPH, AGED 58 YEARS, GL COLLAGE, KACHERY WARD, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. G.LILLY, W/O.GEORGE JOSEPH, AGED 54 YEARS, GL COLLAGE, KACHERY WARD, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENTS: --------------- 1. THE FEDERAL BANK LTD., REGIONAL OFFICE, FEDERAL TOWERS, STATUE, THIRUVANANTHAPURAM, REPRESENTED BY ITS AUTHORISED OFFICER AND CHIEF MANAGER. 2. THE AUTHORISED OFFICER AND CHIEF MANAGER THE FEDERAL BANK LTD., REGIONAL OFICE, FEDERAL TOWERS, STATUE, THIRUVANANTHAPURAM, 3. THE MANAGER, THE FEDERAL BANK LTD., CHEMBOOR BRANCH, THIRUVANANTHAPURAM. R1 TO R3 BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 18879 OF 2009. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : A TRUE PHOTOCOPY OF THE NOTICE DATED 07.02.2008 ISSUED BY THE 2ND RESPONDENT FOR AND ON BEHALF OF THE 1ST RESPONDENT BANK TO THE PETITIONER. EXT.P2 : A TRUE COPY OF THE NOTICE DATED 30.07.2008 ISSUED BY THE 2ND RESPONDENT FOR AND ON BEHALF OF THE 1ST RESP0NDENT BANK TO THE PETITIONERS. EXT.P3 : A TRUE PHOTOCOPY OF C.M.P.NO.873/2009 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. EXT.P4 : A TRANSLATION OF THE SCHEME OF THE CENTRAL GOVERNMENT FOR WRITING OFF AGRICULTURAL LOANS MADE FOR THE PURPOSE OF DISTRIBUTION TO THE PRIMARY CO-OPERATIVE BANKS IN THE STATE OF KERALA. EXT.P5 : A TRUE COPY OF THE REPLY NOTICE DATED 15.01.2009 ISSUED BY THE REGIONAL MANAGER OF THE 1ST RESPONDENT BANK. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 18879 OF 2009 ......................................................................... Dated this the 12th August, 2009 J U D G M E N T The learned Counsel for the petitioners submits, after getting instructions from the petitioners, that the petitioners could not comply with the directions imposed while granting the interim order dated 07.07.2009. However, it is also brought to the notice of this Court that the petitioners are making other appropriate alternate arrangements to see that the entire liability under the loan transaction is wiped out for ever, within one month. 2. Heard the learned Counsel appearing for the respondent Bank as well. After considering the facts and circumstances and also the limited submission made by the learned Counsel for the petitioners, the matter is disposed of, directing the petitioners to clear the entire liability within one month. Subject to the W.P.(C) No. 18879 OF 2009 2 above, the coercive proceedings stated as being pursued against the petitioners shall be kept in abeyance. It is made clear that if the petitioners do not prove their words by their deeds, the respondent Bank will be at liberty to proceed with further steps from the stage where it stands now, for realisation of the entire amount in a lump sum. P.R. RAMACHANDRA MENON, JUDGE. lk