IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24889 of 2009(E)
1. THANKAM AMMA,AGED 61 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,REP; BY SECRETARY TO
... Respondent
2. THE AUTHORIZED OFFICER/GENERAL MANAGER,
For Petitioner :SRI.MANJERI SUNDERRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :08/10/2009
O R D E R
S. SIRI JAGAN, J
...............................................
W.P(C) No. 24889 of 2009
.................................................
Dated this the 8th day of October, 2009
J U D G M E N T
The petitioner in this writ petition is a defaulter in
repayment of loan amounts due from her to the 2nd respondent
Calicut Co-operative Urban Bank Ltd. Coercive recovery
proceedings are in progress. Petitioner filed this writ petition
aggrieved by the same. However, the petitioner does not now
dispute the liability to pay or the quantum. She only seeks
facility to pay off the amounts in installments.
2. Adv.P.J.Deva Prasanth appears on behalf of the 2nd
respondent and opposes the prayers. After hearing both sides, I
feel that the 2nd respondent can show some more leniency to the
petitioner allowing her to pay off the amounts in installments.
Accordingly, the writ petition is disposed of directing the 2nd
respondent to permit the petitioner to pay off the entire amounts
due in four equal monthly installments starting from 1.11.2009.
Every subsequent installment shall be paid on the first working
day of every succeeding month. If the petitioner pays the
W.P(C) No. 24889 of 2009 -2-
installments in time without default, further coercive
proceedings shall be kept in abeyance. However, if the
petitioner commits default in payment of any one installment, it
would be open to the 2nd respondent to continue proceedings as
now initiated without having to issue any fresh notice or
proceedings in that regard.
S. SIRI JAGAN, JUDGE
rhs