IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 36346 of 2009(K) -------------------------- PETITIONER(S): --------------- SANKARANARAYANA BHAT, S/O.MAHABALA BHAT SARALI MOOLA, NELLANGE, P.O.KINNIMOGAR, VIA MULLERIA, KASARGOD. BY ADV. SRI.SUNIL NAIR PALAKKAT SMT.R.LEELA RESPONDENT(S): --------------- 1. KASARGOD PRMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOOPMENT BANK, REPRESENTED BY ITS SECRETARY. 2. SPECIAL SALE OFFICER, KASARGOD PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK. ADV.KODOTH PUSHPARAJAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 36346 of 2009 ================== Dated this the 16th day of December, 2009 J U D G M E N T The petitioner availed of a loan from the 1st respondent bank, repayment of which was defaulted by him. The bank initiated coercive recovery proceedings. The petitioner is challenging the same in this writ petition. However, now the petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks a direction to the 1st respondent to permit the petitioner to pay off the amounts in instalments. 2. Learned Standing Counsel appearing for the bank stoutly opposes the prayer of the petitioner. According to him, the petitioner is not entitled to any indulgence from this Court since the petitioner has not chosen to avail of the opportunities given by the bank to the petitioner for paying the amounts. 3. After hearing both sides, I am of opinion that, in view of the facts and circumstances of the case, some more leniency can be shown to the petitioner in the matter of repayment of the amounts due to the bank in instalments. Accordingly, this writ petition is disposed of with the following directions: The petitioner shall pay an amount of Rs.2 lakhs within one month. The balance shall be paid in five equal monthly instalments w.p.c.36346/09. 2 starting from 1.2.2010. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the above amounts in time, further coercive proceedings for recovery of the amount shall be kept in abeyance. However, if the petitioner commits default in paying the initial amount of Rs.2 lakhs or any of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge