IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 7850 of 2010(E) ----------------------------------------- PETITIONER(S): ------------------------- OUSEPH, S/O. CHAKKUNNY, MALIYEKKAL KATTADI HOUSE, PULLAZHI DESOM, PULLAZHI VILLAGE, THRISSUR. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): ---------------------------- 1. THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD.NO.60, AYYANTHOL BRANCH, REP. BY ITS SECRETARY, AYYANTHOLE, THRISSUR. 2. SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, THRISSUR. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR DISTRICT. 4. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.P.C.SASIDHARAN, SC R2 TO R4 BY GOVERNMENT PLEADER SRI. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ----------------------------------- W.P.(C) No.7850 OF 2010 ---------------------------------- Dated this the 25th day of May, 2010 J U D G M E N T ~~~~~~~~~~~ The petitioner is a farmer. He had availed a loan of Rs.1,30,000/- from the 1st respondent Bank in the year 2001. However, he could not repay the loan according to the schedule fixed for repayment. Since there was default, the Bank initiated proceedings against the petitioner and an award has been passed against him. Thereafter, the Bank issued Ext.P4 notice of attachment demanding an amount of 2,52,138/- from the petitioner. The petitioner, thereupon, submitted Ext.P5 representation. However, the Bank has not passed any orders thereon. It is submitted by the counsel for the petitioner that the petitioner is ready to pay off the entire amount in instalments. 2. The learned counsel for the 1st respondent Bank opposes the submissions of the petitioner. According to him, the loan was availed of in the year 2001 and the period for repayment is already over. The loan has been lying in default for a long period of time. Therefore, it is submitted that instalment facility may not be granted. W.P.(C) No.7850/2010 2 3. Having considered the rival submissions of the learned counsel, I am of opinion that the petitioner can be given one more opportunity to pay off the entire amount in six equal monthly installments. 4. In the above circumstances, this Writ Petition is disposed of directing the petitioner to pay the entire amount due to the 1st respondent Bank in six equal monthly instalments commencing from 15.6.2010. The subsequent instalments shall be paid on the 15th of each succeeding month thereafter. In the event of there being default in payment of two consecutive instalments by the petitioner, the 1st respondent shall be free to proceed with necessary action for recovery of the amount due, in accordance with law. (K.SURENDRA MOHAN, JUDGE) ps