IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 W.P.(C).No. 33289 of 2008(K) -------------------------- PETITIONER: --------------- LISSY JACOB, 65 YEARS, W/O.LATE JOSEPH KOOTUNGAL HOUSE, PANAMBUKAD PO., COCHIN-682504. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: --------------- 1. CHIEF MANAGER AND AUTHORISED OFFICER FEDEREAL BANK LTD.BR.ALUVA BANK JN., 1ST FLOOR FEDERAL HEIGHTS,ALUVA-683101, KERALA. 2. MANAGER, FEDERAL BANK LTD., BR,ALUVA BANK JN.,, 1ST FLOOR, FEDERAL HEIGHTS, ALUVA-683 101, KERALA. 3. P.G.PETER, S/O.P.B.GEORGE, PALLIPANATH HOUSE, S.N.PURAM, THAIKKATTUKARA PO., ALUVA- 683106. 4. P.M.SHYLAJA, W/O.P.G.PETER, PALLIPANATH HOUSE, SN PURAM, THAIKKATTUKARA PO., ALUVA-683106. *ADDL.R5. STATION HOUSE OFFICER, ALUVA POLICE STATION. (*ADDL. R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED 12.11.2008 ) R1 AND R2 BY SRI.K.K.CHANDRAN PILLAI ,SC. R3 AND R34 BY ADV. SRI.P.SHAIJAN JOSEPH ADDL.R5 BY GOVERNMENT PLEADER MR. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ORDERS ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 33289 OF 2008 ......................................................................... Dated this the 18th March , 2010 J U D G M E N T This Writ Petition is heard afresh, on allowing R.P. No.276 of 2010 vide separate order passed today 2. The learned Counsel for the respondent Bank submits that the Writ Petition was filed in the year 2008 and no payment was effected by the petitioner to discharge the liability, but for sale of the vehicle, caused to be effected and the 'sale price' was given credit to the account of the petitioner . 3. The learned Counsel for the respondent Bank submits that the outstanding liability, after giving credit to the amount already paid, is Rs.4.11 lakhs. The petitioner is directed to satisfy the entire liability by way of 'eight' equal monthly installments, the first of which shall be paid on or before 31.03.2010, to be followed by similar installments to be effected on or before the 30th of the succeedings months. Subject to the above, all recovery proceedings stated as being pursued against W.P.(C) No. 33289 OF 2008 2 the petitioner shall be kept in abeyance. It is made clear that, if any default is committed in effecting the installments as above, the respondent Bank will be at liberty to proceed with further steps for realsiation of the entire amount in a lump sum. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk W.P.(C) No. 33289 OF 2008 3 P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 33289 OF 2008 ......................................................................... Dated this the 3rd March , 2010 J U D G M E N T The learned Counsel for the petitioner submits that the petitioner is ready and willing to clear the entire liability and that she might be given 15 days' time in this regard. 2. The learned Counsel appearing for the respondent Bank very fairly conceded to the above proposal. Accordingly, the petitioner is directed to wipe out the entire liability within 15 days as assured and undertaken before this Court today. It is made clear that if the petitioner does not prove her words by her deeds, the respondent Bank will be at liberty to pursue further coercive steps for realisation of the entire outstanding liability in a lump sum, from the stage where it stands now. The Writ Petition is disposed of as above. W.P.(C) No. 33289 OF 2008 4 P.R. RAMACHANDRA MENON, JUDGE. lk