IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4076 of 2010(H)
1. SARITH S, AGED 29 YEARS, S/O.B.K.SASI,
... Petitioner
Vs
1. BANK OF INDIA, MARKET BRANCH, NORTH
... Respondent
2. THE TAHSILDAR (RR), KANAYANNUR TALUK,
3. THE VILLAGE OFFICER, ELAMKULAM VILLAGE,
4. SMT.SHINY JOSEPH, D/O.JOSEPH,
For Petitioner :SRI.K.VINODKUMAR (707/89)
For Respondent :SRI.C.A.JOY
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :22/02/2010
O R D E R
P.R. RAMACHANDRA MENON, J.
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WP(C) No. 4076 of 2010
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Dated, this the 22nd day of February, 2010
J U D G M E N T
The petitioner is challenging the recovery proceedings stated as
being pursued at the instance of the first respondent Bank invoking the
machinery under the Kerala Revenue Recovery Act. The learned
counsel appearing for the petitioner submits that the limited prayer now
pressed is only to permit the petitioner to satisfy the entire liability by
way of reasonable instalments.
2. Heard the learned counsel for the first respondent as well;
who submits on instructions, that some amounts have been paid in
respect of the transaction after the issuance of Ext.P2 Revenue
Recovery notice, as evident from the statement produced by the
petitioner as Ext.P3, showing that the outstanding liability is only
Rs.48,700/- as on 01.01.2010.
3. Considering the facts and circumstances, the petitioner is
permitted to clear the entire outstanding liability by way of `three’ equal
monthly instalments, the first of which shall be effected on or before the
10th of March, 2010, to be followed by similar instalments to be effected
on or before the 10th of the succeeding months. Subject to the above,
WP(C) No.4076/2010
2
the recovery proceedings stated as being pursued against the petitioner
pursuant to Ext.P2 demand notice shall be kept in abeyance. It is also
made clear that if any default is committed by the petitioner in satisfying
the liability as above, the respondent Bank will be at liberty to proceed
with further steps for realisation of the entire amount in a lump sum.
The Writ Petition is disposed of accordingly.
P. R. RAMACHANDRA MENON
JUDGE
dnc