IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 24535 of 2006(U)
1. K.R.DHANANJAYAN,
... Petitioner
Vs
1. SECRETARY,
... Respondent
2. JOINT REGISTRAR,
For Petitioner :SMT.VANAJA MADHAVAN
For Respondent :SRI.C.S.RAMANATHAN
The Hon'ble MR. Justice K.PADMANABHAN NAIR
Dated :19/02/2007
O R D E R
K.Padmanabhan Nair,J.
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W.P.(C).No.24535 of 2006-U
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Dated, this the 19th day of February, 2007
JUDGMENT
The petitioner availed a loan of Rupees One Lakh in
connection with the marriage of his daughter. He could not repay
the loan amount. Hence the 1st respondent issued Exhibit P2
notice directing the petitioner to pay the entire amount in a lump.
Challenging that order, this writ petition is filed.
2. The 1st respondent has filed a counter affidavit,
contending that the writ petition itself is not maintainable. It is
submitted that the petitioner committed default and hence the 1st
respondent had no other option but to recall the loan and claim
repayment of the entire amount.
3. Considering the facts and circumstances as
projected in the writ petition, I am of the view that a breathing
time can be given to the petitioner to pay off the debt. In case
the petitioner files an application within two weeks from today
demanding a statement of accounts, the 1st respondent-Bank
W.P.(C).No.24535 of 2006-U
– 2 –
shall supply a statement of accounts to the petitioner. On receipt
of such a statement of accounts, the petitioner shall deposit an
amount of Rs.2,500/- (Rupees two thousand and five hundred
only) and make an application claiming concessions, waiver of
interest, instalment facility, etc. If such a request is made, the 1st
respondent shall consider the same and pass appropriate orders.
It goes without saying that if such a request is made, the 1st
respondent shall not recover any penal interest and consider
whether any concession can be given in the matter of rate of
interest and also whether the petitioner can be allowed to repay
the amount in five or ten monthly instalments. Such a decision
shall be taken within two months from the date of receipt of such
application. Until then, the coercive steps proposed to be taken
shall stand adjourned.
K.Padmanabhan Nair
Judge
vku/-