IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WA.No. 733 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.7487/2009 Dated 18/03/2009 .................... APPELLANT(S): PETITIONERS ------------------------- 1. MOHAMMED KABEER, S/O.ALIYAR RAWTHER, AGED 41 YEARS, PALATHANATHU HOUSE, PAMPADUM PARA VILLAGE, THANNIMMODU KARA, UDUMPANCHOLA TALUK. 2. SMT.SAINABA BEEVI, W/O.MOHAMMED KABEER, AGED 39 YEARS, PALATHANATHU HOUSE, PAMPADUM PARA VILLAGE, THANNIMMODU KARA, UDUMPANCHOLA TALUK. BY ADV. SRI.T.V.GEORGE RESPONDENT(S): --------------- 1. THE MANAGER, STATE BANK OF TRAVANCORE, NEDUMKANDAM BRANCH, IDUKKI DISTRICT. 2. THE CHIEF MANAGER (ADVANCES), AUTHORISED OFFICER, STATE BANK OF TRAVANCORE, ZONAL OFFICE, REGION-V, ERNAKULAM. ADV.SRI.K.S.DILIP. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.733 of 2009 ---------------------------------------------- Dated 26th March, 2009. J U D G M E N T Kurian Joseph, J. Appellants are the petitioners in the writ petition. They approached this court aggrieved by the recovery steps initiated by the first respondent Bank. Learned counsel appearing for the Bank submits that from 2003 onwards, the petitioners have not remitted any amount towards the equated monthly instalments, though the E.M.I. is only Rs.2,100/-. Learned counsel for the petitioners submits that it is out their sheer penury, they could not remit the amount. The learned Single Judge directed the petitioners to make the loan upto date immediately, so that they can continue the original term up to the year 2017. Learned counsel for the appellants submits that for having approached this court, the learned Single Judge has WA NO.733/09 2 imposed more onerous conditions than what are proposed by the Bank itself. Learned counsel for the appellants prays that they may be granted six months' time, so that they will make the loan up to date. Sri.K.S.Dilip, learned counsel appearing for the Bank however submits that the Bank cannot any more show any indulgence, in view of the non-cooperation on the part of the appellants in not making the payments and not approaching the Bank with any viable proposal for rescheduling. After having heard the counsel on both sides, we are of the view that in view of the peculiar facts and circumstances of the case as pleaded in the memorandum of appeal, at the same time safeguarding the interests of the Bank also, a workable solution can be arrived at. We direct the appellants to pay an amount of Rs.50,000/- on or before 30.3.2009. The arrears as of now shall be made upto date within a period of three months from today. It is made clear that in case the appellants commit default on any of the conditions as above, it will be open to the first respondent to proceed with the coercive steps for recovery. Subject to the appellants complying with the directions as above, the proceedings pursuant to Ext.P2 WA NO.733/09 3 will be deferred. The Writ Appeal is disposed of as above. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.733 of 2009 ---------------------------------------------- J U D G M E N T Dated 26th March, 2009.