IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 16167 of 2011(U) -------------------------- PETITIONER(S): --------------- DR.K.T.VINOD KRISHNAN, S/O MADHAVAN, AGED 44 YEARS, KUNDIL THAZHATH HOUSE, NJANGATTIRI POST, PATTAMBI (VIA), OTTAPPALAM TALUK. BY ADV. MR.V.M.KRISHNAKUMAR RESPONDENT(S): --------------- 1. THE AUTHORIESED OFFICER, ADDITIONAL THAHSILDAR, TALUK OFFICE, OTTAPPALAM, 679 101 2. THE VILLAGE OFFICER, THITHALA VILLAGE OFFICE, THRITHALA. 679534 3. CANARA BANK, PATTAMBI BRANCH, PATTAMBIM REPRESENTED BY THE BRANCH MANAGER, PIN-679 303 MR. BIJOY CHANDRAN, GOVERNMENT PLEADER MR. P. GOPINATHAN MENON, SC. R3 BYADV. MR.E.K.NANDAKUMAR R3 BY MR.A.K.JAYASANKAR NAMBIAR R3 BY MR.K.JOHN MATHAI R3 BY MR.P.BENNY THOMAS R3 BY MR.P.GOPINATH R3 BY MR.S.RAMU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16167 of 2011(U) APPENDIX -------------- PETITIONER'S EXHIBITS ---------------------------------- P1:- TRUE COPY OF THE STATEMENT OF ACCOUNT ISSUED BY THE 3RD RESPONDENT P2:- TRUE COPY OF THE PLAINT IN O.S.NO.2. OF 2011 OF SUB COURT OTTAPPALAM. P3:- TRUE COPY OF THE NOTICE DATED 2.5.2011 ISSUED BY THE 1ST RESPONDENT. RESPPONDENT'S EXHIBITS :- NIL //TRUE COPY// PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.16167 OF 2011 ---------------------------------------------- Dated this the 4th day of July, 2011 JUDGMENT The petitioner is an Ayurvedic Doctor conducting a Nursing Home at Pattambi. The petitioner availed of a car loan from the 3rd respondent bank. For non-payment of the loan amounts, the bank initiated proceedings under the Revenue Recovery Act, which is under challenge in this writ petition. The petitioner does not dispute the liability to pay or the quantum. He only seeks facility to pay off the loan amounts in instalments. I have heard the learned Standing Counsel for the bank also, who opposes the same. However, taking a lenient view, I dispose of this writ petition with a direction to the respondents to permit the petitioner to pay off the loan amounts in six equal monthly instalments starting from 1.8.2011. 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 coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default W.P.(C)No.16167/11 2 in any one of the instalments, it would be open to the respondents to recover the entire amount in a lump sum by appropriate coercive legal proceedings. It would be open to the petitioner to approach the bank for reduction in interest, which will be considered by the bank in accordance with the bank's norms and policy. S. SIRI JAGAN, JUDGE acd W.P.(C)No.16167/11 3