IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 8415 of 2009(V) ----------------------------------------- PETITIONER(S): -----------=--------- M.K. RAVINDRAN, S/O. KARAPPAN, AGED 61 YEARS, MUDAVANGATTIL HOUSE, CHAZHOOR P.O., THRISSUR DIST. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): ------------------------ 1. BANK OF INDIA, VADAKKEKARA BRANCH, VADAKKEKARA P.O., RNAKULAM REP. BY ITS MANAGER. 2. DEPUTY TAHSILDAR (RR) THRISSUR. 3. PRIVATE BUS OPERATORS ORGANIZATION, VYPIN -PARAVOOR UNIT, PRIVATE BUS STAND BUILDING, N. PARAVOOR P.O., ERNAKULAM. R1 BY SHRI DEVAN RAMACHANDRAN, SC. R2 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 8415 OF 2009 V -------------------------------------- Dated this the 24th March, 2009 JUDGMENT Petitioner is a stage carriage operator. He availed a loan. According to him, there was some bottlenecks and he could not run the service. Amount taken from the first respondent is in arrears, it is stated. 2. I heard the learned counsel for the petitioner, learned counsel for the first respondent Bank and also the learned Government Pleader. Petitioner prayed that he may be permitted to pay off the defaulted arrears in instalments and to regularise the Account. The loan was disbursed in 2006. It is stated to be for thirtyfive months. If that is so, the period is almost run out. Learned counsel for the respondent Bank submits, however, that he has no serious objection in granting some instalment facility. Accordingly, I feel that the petitioner can be permitted to pay off the entire amount remaining to be paid in twelve instalments. The Writ Petition is disposed of as follows: WPC.8415/09 V 2 Recovery proceedings against the petitioner vide Exts.P5 and P6 will be kept in abeyance on condition that the petitioner pays off the entire amount remaining to be paid with due interest in twelve equal monthly instalments, the first of which shall be payable on or before 10.4.2009 and the remaining instalments on or before the 10th working day of every succeeding month. The first respondent will intimate the petitioner within ten days from today, the exact amount to be paid as instalments. If the petitioner defaults in payment of any of the instalments, he will forfeit the benefit of this Judgment and it will be open to respondents 1 and 2 to proceed against the petitioner in accordance with law. If there is no further steps taken apart from issuing Exts.P5 and P6, the petitioner need not pay collection charges. Sd/= kbk. K. M. JOSEPH, JUDGE // True Copy // PS to Judge