IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34484 of 2009(E)
1. P.MOHANAKRISHNAN, S/O.KUNJUNNI MENON,
... Petitioner
Vs
1. THE DEPUTY TAHSILDAR (R.R.0
... Respondent
2. THE VILLAGE OFFICER,
3. STATE BANK OF INDIA,
For Petitioner :SRI.SAJEEV KUMAR K.GOPAL
For Respondent :SRI.R.S.KALKURA
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :02/02/2010
O R D E R
P.R. RAMACHANDRA MENON, J.
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W.P.(C) No. 34484 OF 2009
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Dated this the 2nd February, 2010
J U D G M E N T
The petitioner had availed a personal loan from the third
respondent Bank, which however could not be repaid on time. In
the said circumstance, the said respondent proceeded with
further steps to get it realized, invoking the machinery under
the Revenue Recovery Act, leading to issuance of Exts. P2 and P3
notices, which in turn are under challenge in this Writ Petition.
2. The learned Counsel appearing for the respondent-Bank,
on instruction, and also with reference to the contents of the
statement filed before this Court today, submits that the
outstanding liability is only Rs.88763.99/- as on 31.12.2009.
The learned Counsel for the petitioner submits that the petitioner
might be given some breathing time to wipe out the entire
liability by way of reasonable installments.
3. After considering the facts and circumstances, the
W.P.(C) No. 34484 OF 2009
2
petitioner is permitted to clear the liability by way of five equal
monthly installments, the first of which shall be effected on or
before the 25th of this month, to be followed by similar
installments to be effected on or before the 25th of the succeeding
months. Subject to the above, all further recovery proceedings
pursuant to Exts.P2 and P3 shall be kept in abeyance. It is also
made clear that if any default is committed in satisfying the
liability as above, the respondents will be at liberty to proceed
with further steps for realisation of the entire amount in a lump
sum from the stage where it stands now.
The Writ Petition is disposed of as above.
P.R. RAMACHANDRA MENON,
JUDGE.
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