IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23837 of 2009(Y)
1. SHAMEER.V., AGED 25 YEARS,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, MALAPPURAM.
... Respondent
2. THE DEPUTY TAHSILDAR,
3. STATE BANK OF INDIA REPRESENTED BY
For Petitioner :SRI.P.SAMSUDIN
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :24/08/2009
O R D E R
P.R.RAMACHANDRA MENON, J.
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WP(C) NO. 23837 OF 2009
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Dated this the 24th day of August, 2009
J U D G M E N T
The petitioner had availed a loan of Rs.1,30,000/- from the
respondent Bank in the year 2004, agreeing to repay the same in the
manner as specified under the particular Scheme, i.e., PMRY Scheme. It
appears that, the petitioner turned to be a defaulter, under which
circumstance, the Bank proceeded with coercive steps invoking the
provisions under the Kerala Revenue Recovery Act, which is sought to be
intercepted in the present Writ Petition.
2. Learned counsel appearing for the Bank submits, on
instructions that, after availing the loan in the year 2004, absolutely no
payment was effected by the petitioner, but for the remittance of a sum of
Rs.20,000/- that too, only after taking the coercive steps. It is also brought
to the notice of this Court that, as on 28.02.2009, a sum of Rs.1,83,196/-
plus further interest and cost is due from the petitioner.
3. Learned counsel for the petitioner submits that, the petitioner
is only a `general worker’ and that the petitioner is ready to pay the liability
by way of instalments. After considering the facts and circumstances, the
WPC NO.23837/2009 2
petitioner is permitted to wipe off the entire liability by way of `six’ equal
monthly instalments; the first of which shall be paid on or before the 25th of
September, 2009, to be followed by the remaining instalments to be
effected on or before the 25th of the succeeding months. Subject to the
above, all further proceedings to recover the due amount pursuant to
Ext.P1 and P2 shall be kept in abeyance for the time being. It is made
clear that, if any default is committed by the petitioner in meeting the
requirements as above, the respondents will be free to proceed with further
steps for realisation of the entire amount in a lump sum, by pursuing such
steps from the stage where it stands now.
The Writ Petition is disposed of accordingly.
P.R.RAMACHANDRA MENON
JUDGE
dnc