IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 24995 of 2008(A) ---------------------------------------------- PETITIONER(S): ---------------------- DINESH P.GEORGE, AGED 36 YEARS, S/O.LATE P.A.GEORGE, POKKATH HOUSE, ERUMATHALA P.O., ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.) SRI.M.G.KARTHIKEYAN RESPONDENT(S): ------------------------- 1. THE BRANCH MANAGER, ING VYSYA BANK, RAVIPURAM, COCHIN - 16. 2. THE TAHSILDAR (RR), ALUVA, ERNAKULAM. ADV. SRI.R.S.KALKURA FOR R1 R2 BY GOVERNMENT PLEADER SHRI BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.24995 OF 2008 A PETITIONER'S EXHIBITS: EXT.P1 PHOTO COPY OF THE SCHEDULE SHOWING THE PAYMENTS ISSUED BY THE BANK. EXT.P2 PHOTOCOPY OF THE R.R.NOTICE DATED 22.7.2008 ISSUED BY THE SECOND RESPONDENT. EXT.P3 PHOTOCOPY OF THE REQUEST DATED 14.8.2008 SENT TO THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL, // True Copy // PS to Judge K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 24995 OF 2008 A -------------------------------------- Dated this the 23rd October, 2008 JUDGMENT Heard the learned counsel appearing for the petitioner and the respondent Bank. Counsel for petitioner seeks to permit the petitioner to pay off the entire amount due in ten instalments. Learned counsel for the respondent Bank opposes it and prays that it may not be in so many instalments. The Writ Petition is disposed of permitting the petitioner to pay off the entire amount due with due interest in six equal monthly instalments. Recovery proceedings against the petitioner will be kept in abeyance on condition that the petitioner pays a sum of Rs.1 Lakh (Rupees One lakh) on or before 3.11.2008 and pays off the entire amount remaining to be paid in five equal monthly instalments, the first of which shall be payable on or before 3.12.2008 and the remaining instalments on or before the third working day of every succeeding month. If the petitioner pays Rs.1 lakh as aforesaid, the first respondent Bank will serve a WPC. 24995/08 A 2 Statement on the petitioner showing the exact amount of instalments to be paid, within two weeks from 3.11.2008. If the petitioner does not pay Rs.1 lakh on or before 3.11.2008 or any of the instalments, petitioner will lose the benefit of this Judgment and it will be open to the respondents to proceed against the petitioner in accordance with law. K. M. JOSEPH, JUDGE kbk.