IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 27842 of 2007(M) -------------------------- PETITIONER: ------------ P.THYAGARAJAN, AGED 48 YEARS, S/O. LATE PADMANABHAN, RESIDING AT CHARIVITHADATHIL, ERUMAKKAD P.O., VALLANA, KOZHENCHERY TALUK, PATHANAMTHITTA. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.AJITH MURALI SMT. R.BEENA RESPONDENTS: ------------- * 1. THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES (GENERAL), PATHANAMTHITTA DISTRICT. 2. THE SALE OFFICER/INSPECTOR OF CO-OPERATIVE SOCIETIES, ARBITRATION & EXECUTION, PATHANAMTHITTA DISTRICT. 3. THE SECRETARY, KOTTA SERVICE CO-OPERATIVE BANK LTD.NO.A. 703, H.O. ARANMULA, PATHANAMTHITTA DISTRICT. * THE ADDRESS OF THE RESPONDENTS CORRECTED AS: 1. THE ASSISTANT REGISTRAR (GENERAL), DISTRICT CO-OPERATIVE SOCIETIES (GENERAL), PATHANAMTHITTA DISTRICT. 2. THE SALE OFFICER/INSPECTOR OF DISTRICT CO-OPERATIVE SOCIETIES, ARBITRATION & EXECUTION, PATHANAMTHITTA DISTRICT. WP(C).No. 27842/2007/M -2- 3. THE SECRETARY, DISTRICT SERVICE CO-OPERATIVE BANK, KOTTA BRANCH ARANMULA, PATHANAMTHITTA DISTRICT. (THE ADDRESS OF THE RESPONDENTS ARE CORRECTED AS PER ORDER DATED 26-3-2008 IN I.A. NO.3620/2008) BY SENIOR GOVERNMENT PLEADER, SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27842/2007 APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF DEMAND NOTICE E.A. NO.184/06 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT. P2: COPY OF CASH RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= W.P.(C) No. 27842 of 2007(M) ======================= Dated this the 26th day of March, 2008 JUDGMENT The petitioner is a defaulter in repayment of loan amounts due from him to the 3rd respondent. The respondents have initiated coercive recovery proceedings for recovery of the same. The petitioner challenges the same. However, now the petitioner confines his prayer to permit the petitioner to direct the 3rd respondent to furnish the petitioner with a statement of accounts and to permit the petitioner to pay the amounts in instalments. 2. I have heard the parties. In view of the facts and circumstances stated in the writ petition, I feel that some leniency can be shown to the petitioner. Accordingly, the writ petition is disposed of with the following directions: The 3rd respondent shall furnish to the petitioner a statement of accounts showing the amount payable by the petitioner towards the loan amount. While calculating the same, if the petitioner is eligible for any One Time Settlement, that shall W.P.(C) No. 27842/2007/M -2- also be taken into account. The amount intimated to the petitioner shall be paid by the petitioner in eight equal monthly instalments starting from the first date of the month succeeding the receipt of the intimation from the 3rd respondent to the petitioner. Subsequent instalments shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments as directed above without default, further recovery proceedings shall be kept in abeyance. However, if the petitioner makes default in payment of any one instalment, the respondents would be free to proceed with the proceedings for recovery now initiated, without having to issue any fresh notice or proceedings in that regard. S.SIRI JAGAN, JUDGE jp