IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 5012 of 2011(B) ------------------------- PETITIONER(S): --------------- RAJAN P.V., THEKKECHARUVIL HOUSE, CHERUKULANJI P.O., RANNY. BY ADV. SRI.ARUN.B.VARGHESE SRI.JAYKAR.K.S RESPONDENT(S): --------------- STATE BANK OF TRAVANCORE, REPRESENTED BY ITS BRANCH MANAGER, RANNI-THOTTAMON 345 BRANCH, PATHANAMTHITTA DISTRICT-689 541 BY G.P.SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: cms P.R.RAMACHANDRA MENON, J. ---------------------------------------- W.P.(C)No.5012 OF 2011 -------------------------------------------------- Dated this the 17th day of February, 2011 J U D G M E N T The petitioner is before this Court, being aggrieved of Ext.P2 issued by the respondent bank on 02.02.2011, asking the petitioner to clear the overdue amounts; lest coercive steps should be followed. 2. The learned counsel for the petitioner submits that the petitioner, along with his son, had availed a housing loan of Rs.3.6 Lakhs from the respondent bank, but, because of some unforeseen circumstances, the repayment could not be effected as scheduled. It is stated that the petitioner is ready and willing to clear the overdue amount, for which, some breathing time is sought for by way of installments. 3. The learned counsel appearing for the bank submits that the apprehension of the petitioner is rather premature, in so far as, no recovery proceedings have been initiated by the bank, but for alerting the petitioner of the default. The learned counsel also submits that, if the overdue amount is cleared before 31st of March 2011, no coercive proceedings will be W.P.(C)No.5012 OF 2011 2 pursued. 4. In the above circumstances, the petitioner is directed to satisfy a sum of Rs.30,000/- on or before 28th of this month and the balance overdue amount shall be cleared by way of two equal monthly installments, the first of installment shall be effected on or before 31st of March 2011 to be followed by the next one to be effected on or before the last working day of April 2011. Coercive steps if any, shall be kept in abeyance for the time being. It is made clear that, if any default is made by the petitioner to satisfy the liability as above, it is open to the respondent to pursue further steps in accordance with law. P.R.RAMACHANDRA MENON JUDGE dmb