IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27690 of 2009(E) -------------------------- PETITIONER(S): --------------- SWATHI , S/O. KOLLAPPA PILLAI, SARASWATHI NIVAS, VELLAKKINAR, ALAPPUZHA. BY ADVS. MR.R.SUNIL KUMAR MR. SALINI LAL RESPONDENT(S): --------------- 1. KERALA STATE CO-OPERATIVE BANK, ALAPPUZHA BRANCH REP. BY ITS BRANCH MANAGER. 2. KERALA STATE CO-OPERATIVE BANK, ALAPPUZHA BRANCH REP. BY ITS AUTHORIZED OFFICER. ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 27690 of 2009 ................................................. Dated this the 6th day of October, 2009 J U D G M E N T The petitioner availed of a loan from the respondent which he failed to repay. Recovery proceedings are in progress which are under challenge in this writ petition. But the petitioner does not dispute the liability to pay or the quantum. He only seeks facility to pay the amount in installments. I have heard the standing counsel appearing for the respondent, who opposes the prayers of the petitioner. However, taking a lenient view, I direct the respondent to permit the petitioner to pay off the balance amounts due in eight equal monthly installments staring from 1.11.2009. Every subsequent installment shall be paid on the first working day of the every succeeding month. If the petitioner pays the installments on the due dates without default, the recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of any one installment, it would be open to the respondent to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE rhs