IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 WP(C).No. 25669 of 2009(C) -------------------------- PETITIONER: ------------------ SHAKEELA, W/O.MOIDU.K.P, AGED 35 YRS, KELANTHARA THAZHA HOUSE, DARUL AJWA VATTOLY.P.O VADAKARA, KOZHIKODE. BY ADV. SRI.JOHN JOSEPH (ROY) RESPONDENT: -------------------- THE CANARA BANK LTD,VATTOLI BRANCH VATTOLY.PO,VADAKARA, KOZHIKODE DISTRICT REPRESENTED BY ITS BRANCH MANAGER. BY STANDING COUNSEL SRI. N.D. PREMACHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: app/- C.K.ABDUL REHIM, J - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.25669 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of September, 2009 J U D G M E N T 1. Petitioner is the wife of a person employed abroad who had availed housing loan to the tune of Rs.1,50,000/- from the respondent Bank. Since repayment in the loan account was defaulted, the Bank had initiated coercive steps of recovery. Subsequent to issuance of demand notice in the year 2007, payments were effected to the tune of Rs.32,000/-, is the contention. It is admitted by the petitioner that the amount outstanding in arrears pertaining to the default instalments is about Rs.75,000/-. The limited prayer of the petitioner is for direction to the respondent Bank to permit continued payment of monthly instalments after regularising the loan account by paying the defaulted installments. 2. Heard learned Standing Counsel for the respondent Bank. It is submitted that the total amount in arrears is Rs.1,92,000/-. Since the petitioner had defaulted W.P.(C) No.25669 of 2009 2 payment of considerable number of instalments, the Bank is not in favour of allowing regularisation of the loan account. 3. Having considered the rival contentions, I am of the opinion that eventhough interference on merits of the issue is not possible, some indulgence can be shown to the request of the petitioner to permit continued payment on regularisation of the defaulted instalments. 4. Under the above circumstances, the writ petition is disposed of directing the petitioner to make payment of an amount of Rs.75,000/- in three equal monthly instalments starting from 15th of October 2009 and on the 15th day of two months succeeding thereafter. The petitioner shall also pay the current instalments due along with the above payments. If the defaulted arrears are paid as directed above, the respondent bank shall permit the petitioner to continue payment of the future instalments in accordance with the original schedule of repayment. W.P.(C) No.25669 of 2009 3 5. It is made clear that on the event of failure to make payment of any of the amounts as directed above, the Bank will be at liberty to take of coercive steps as permissible under law. It is further made clear that the benefit granted as above is subject to the condition that the petitioner is precluded from challenging the recovery steps at any subsequent point of time before this Court or before any other forum. C.K.ABDUL REHIM JUDGE app/-