IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36926 of 2009(I)
1. A.N. SASEENDRAN, S/O. NARAYANAN NAIR,
... Petitioner
2. P. RAJAN, S/O. RAMAN NAIR,
3. C.T. SREENIVASAN, S/O. KANNAN KUTTY
4. A.N. PREMARAJAN, S/O. NARAYANAN NAIR,
Vs
1. AUTHORISED OFFICER (CHIEF MANAGER),
... Respondent
2. SOUTH INDIAN BANK LIMITED,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :SRI.GEORGE VARGHESE,SC,SOUTH INDIAN BAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :30/01/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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W.P(C) No. 36926 of 2009-I
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Dated this the 28th day of January, 2010.
J U D G M E N T
The petitioner is challenging the coercive steps taken by the
respondent bank invoking the machinery under the Kerala Revenue
Recovery Act.
2. When the Writ Petition came up for consideration before
this Court on 21.12.2009, the steps taken by the bank were
intercepted, on condition that the petitioner remitted a sum of
Rs.1.5 lakhs on or before 11.1.2010 and a further sum of Rs.1 lakh
on or before 25.1.2010. The learned counsel for the respondent
bank submits that the condition has been satisfied by the petitioner.
3. The learned counsel for the petitioner submits that the
only relief prayed for in this Writ Petition is confined to enable the
petitioner to wipe off the entire liability by paying the balance
amount on or before 31st of March 2010.
4. Considering the limited nature of relief prayed for,
expressing the willingness to clear the entire outstanding liability
and also taking note of the bonafides on the part of the petitioner
W.P(C) No. 36926 of 2009-I 2
satisfying the condition imposed on time, this Court permits the
petitioner to clear the entire liability by way of ‘two’ equal monthly
instalments; the first of which shall be effected on or before
25.2.2010 and the next one on or before 31.3.2010.
Subject to the above, all the coercive steps stated as being
taken against the petitioner shall be kept in abeyance. It is also
made clear that, if any default is made by the petitioner, the
respondent bank 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.
Sd/-
P.R.RAMACHANDRA MENON
JUDGE
//True Copy//
P.A to Judge
ab
W.P(C) No. 36926 of 2009-I 3