IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 33776 of 2007(U) -------------------------- PETITIONER: ------------ NANDHAKUMAR, S/O.MOHANAN, AGED 34 YEARS, SREE KRISHNALAYAM, KAITHAPADAM, VADAKKENCHERRY P.O., ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENTS: ------------- 1. SPECIAL SALE OFFICER, KANNAMBRA S.C.B GROUP, OFFICE OF THE CO-OPERATIVE ASSISTANT REGISTRAR, BANK ROAD, ALATHUR, PALAKKAD DISTRICT. 2. THE SECRETARY, SERVICE CO-OPERATIVE BANK, VADAKKENCHERRY, PALAKKAD DISTRICT. BY ADV. SRI.P.B.SURESH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.33776 of 2007 ================== Dated this the 7th day of April, 2008 J U D G M E N T The petitioner has availed of a loan from the 2nd respondent for renovation of his house. He was due to repay the amount in instalments, last of which is to be paid on 4.7.2009. However, he fell in arrears of payment of instalments, as result of which, the respondents initiated proceedings for recovery of the balance amount due. That is under challenge before me. The petitioner's only prayer is that he may be permitted to pay off the amounts in instalments. This is opposed by the counsel for the respondents. He would submit as on March, 2008, the amounts he should have paid in instalments would come to Rs.1,10,000/-, out of which he paid Rs.41,250/- leaving a balance of Rs.68,750/- for even regularising the loan account as on today. Therefore, the petitioner is not entitled to any relief in the writ petition, is the contention raised by the counsel appearing for the respondents. 2. After hearing both sides, I feel that some leniency can w.p.c.33776/07 2 be shown to the petitioner in the matter repayment of the instalments. However, that should be only on condition that the petitioner pays a lump sum amount immediately. In the above circumstances, this writ petition is disposed of with the following directions: The petitioner shall pay an amount of Rs.30,000/- within one month from today. The balance amount shall be paid in 20 equal monthly instalments starting from 16.6.2008. Every subsequent instalment shall be paid on the first working day after 15th of every succeeding month. If the petitioner pays the lump sum amount and the instalments in time without default, further coercive proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of either the lump sum amount or any one of the instalments, it would be open to the respondents to continue the 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 w.p.c.33776/07 3