IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 733 of 2009()
1. MOHAMMED KABEER,
... Petitioner
2. SMT.SAINABA BEEVI, W/O.MOHAMMED KABEER,
Vs
1. THE MANAGER,
... Respondent
2. THE CHIEF MANAGER (ADVANCES),
For Petitioner :SRI.T.V.GEORGE
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :26/03/2009
O R D E R
S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J.
----------------------------------------------
W.A. No.733 of 2009
----------------------------------------------
Dated 26th March, 2009.
J U D G M E N T
Kurian Joseph, J.
Appellants are the petitioners in the writ petition.
They approached this court aggrieved by the recovery steps
initiated by the first respondent Bank. Learned counsel
appearing for the Bank submits that from 2003 onwards, the
petitioners have not remitted any amount towards the equated
monthly instalments, though the E.M.I. is only Rs.2,100/-.
Learned counsel for the petitioners submits that it is out their
sheer penury, they could not remit the amount. The learned
Single Judge directed the petitioners to make the loan upto date
immediately, so that they can continue the original term up to the
year 2017. Learned counsel for the appellants submits that for
having approached this court, the learned Single Judge has
WA NO.733/09 2
imposed more onerous conditions than what are proposed by the
Bank itself. Learned counsel for the appellants prays that they
may be granted six months’ time, so that they will make the loan
up to date. Sri.K.S.Dilip, learned counsel appearing for the Bank
however submits that the Bank cannot any more show any
indulgence, in view of the non-cooperation on the part of the
appellants in not making the payments and not approaching the
Bank with any viable proposal for rescheduling. After having
heard the counsel on both sides, we are of the view that in view
of the peculiar facts and circumstances of the case as pleaded in
the memorandum of appeal, at the same time safeguarding the
interests of the Bank also, a workable solution can be arrived at.
We direct the appellants to pay an amount of Rs.50,000/- on or
before 30.3.2009. The arrears as of now shall be made upto date
within a period of three months from today. It is made clear that
in case the appellants commit default on any of the conditions as
above, it will be open to the first respondent to proceed with the
coercive steps for recovery. Subject to the appellants complying
with the directions as above, the proceedings pursuant to Ext.P2
WA NO.733/09 3
will be deferred.
The Writ Appeal is disposed of as above.
S.R.BANNURMATH,
Chief Justice.
KURIAN JOSEPH,
Judge.
tgs
S.R.BANNURMATH, C. J. &
KURIAN JOSEPH, J.
———————————————-
W.A. No.733 of 2009
———————————————-
J U D G M E N T
Dated 26th March, 2009.