IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2695 of 2010(J)
1. M.J.VINCENT, S/O.JOSEPH, MANKUTHEL
... Petitioner
Vs
1. DEPUTY TAHSILDAR (R.R), MUVATTUPUZHA
... Respondent
2. VILLAGE OFFICER,
3. THE BRANCH MANAGER,
For Petitioner :SRI.LATHEESH SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :28/01/2010
O R D E R
P.R. RAMACHANDRA MENON, J.
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W.P.(C) No. 2695 OF 2010
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Dated this the 28th January, 2010
J U D G M E N T
The petitioner had availed a housing loan from the third
respondent Bank, which however could not be repaid on time.
In the said circumstance, the Bank proceeded with further steps,
invoking the machinery under the Revenue Recovery Act, which
in turn is sought to be intercepted in this Writ Petition.
2. Heard the learned Government Pleader, who entered
appearance on behalf of the respondent Nos. 1 and 2 and also
the learned Standing Counsel Adv. Mr. Sathish Ninan, who
entered appearance for the respondent Bank.
3. The learned Counsel for the petitioner submits that the
petitioner is ready and willing to clear the entire liability , if some
breathing time is granted in this regard. The learned Counsel
also referred to the specific averments in the Writ Petition as to
the plight of the petitioner, seeking to provide for reasonable
installments in this regard.
W.P.(C) No. 2695 OF 2010
2
4. Considering the facts and circumstances, and the
bonafide desire expressed from the part of the petitioner to wipe
out the liability, the petitioner is permitted to clear the same by
way of 5 equal monthly installments, the first of which shall be
effected on or before 15.02.2010, to be followed by similar
installments to be effected on or before the 15th of the succeeding
months. Subject to the above, all further proceedings pursuant
to Exts.P1 and P2 shall be kept in abeyance. It is made clear
that if any default is committed in satisfying the liability as
above, the respondent Bank will be at liberty to proceed with
further steps for realization of 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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