IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 9376 of 2009(N) ------------------------- PETITIONER(S): --------------- ANILKUMAR.T, AGED 42,S/O.THANKAPPAN, "GREESHMAM",KANJIRAKKAT.PO, RAJAKKAD,IDUKKI DIST. BY ADV. SRI.SIVAN MADATHIL RESPONDENT(S): --------------- 1. THE MANAGER, STATE BANK OF TRAVANCORE, MUNNAR BRANCH. 2. THE REGIONAL MANAGER, STATE BANK OF TRAVANCORE,IDUKKI DISTRICT. BY SC SRI. R.S. KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.9376 OF 2009 ------------------------ Dated this the 24th day of March, 2009. JUDGMENT Petitioner is a defaulter to the respondent Bank. It is seen that proceedings are threatened to be initiated and at that stage this writ petition is filed seeking a direction to the respondent to consider Ext.P2, where he has sought an instalment facility to discharge the liability. 2. The standing counsel appearing for the respondent submits that, as at present the liability of the petitioner is to the tune of Rs. 10,16,304/- plus interest. It is stated that the loan has been classified as NPA way back on 12.5.2008 and that recovery proceedings have been initiated. It is stated that they are entitled to realize the amount due from the petitioner. However, it is offered that if the petitioner makes a substantial payment, he can be allowed to discharge the liability in installments. WP(c).No.9376/09 2 I heard the counsel for the petitioner and the counsel for the Bank. From the facts as stated above, admittedly the petitioner is a defaulter. If that be so, the freedom of the Bank to take action for realizing its dues cannot be disputed. However, having regard to the fact that the petitioner is a commercial establishment and symbolic possession has already been taken, I feel that the petitioner should he given an opportunity to discharge the liability, so that the property can be saved from recovery proceedings. Accordingly the writ petition is disposed of with the following directions. That before 31.3.2009, 1/4th of the amount due shall be paid by the petitioner. Subject to such payment further proceedings against the petitioner will be kept in abeyance. Balance amount due with interest from the petitioner will be paid by the petitioner in 5 equal monthly instalments, first of which will be payable on or before the 30th of April 2009 and WP(c).No.9376/09 3 the balance on the 30th of every succeeding month. Subject to payment as above, coercive action will be kept in abeyance. If there is default in paying any one of the instalments, the Bank will be free to continue the proceedings without further notice. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.9376/09 4