IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6030 of 2010(C)
1. VISWANATHAN ARINGOTH, ARAKANDIYIL HOUSE,
... Petitioner
Vs
1. GENERAL MANAGER,
... Respondent
2. THE DEPUTY DIRECTOR OF PANCHAYATH,
3. THE JOINT REGISTRAR OF CO-OPERATIVE
For Petitioner :SRI.C.K.SREEJITH
For Respondent :SRI.M.SASINDRAN
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :10/08/2010
O R D E R
K.SURENDRA MOHAN, J.
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W.P.(C) No.6030 of 2010
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Dated this the 10th August, 2010
JUDGMENT
The petitioner has filed this writ petition challenging
the action initiated by the first respondent bank for
recovery of amounts from the guarantor of a loan
transaction that the petitioner has with the bank.
According to the petitioner, the amount was actually
availed under a Group Deposit Scheme and since there
was default in repayment of the amounts, the same was
converted into a personal loan.
2. The petitioner is a persistent defaulter who had
defaulted repayment of another loan and had availed the
present loan for the purpose of closing the earlier loan
that was remaining in default. It is submitted that the
bank was persuaded to sanction the loan on the guarantee
of the person who had stood as surety. The surety had
bound himself to repay the amount to the bank and
therefore, the bank has the right to proceed against the
said person for the recovery of the amount due. In view of
the above, it is submitted that the petitioner is not entitled
to any of the reliefs claimed in this writ petition.
wpc No.6030/2010 2
3. The counsel for the petitioner submits that the
petitioner is ready to pay the entire amount that is due
provided he is permitted to make payments in six monthly
instalments. The counsel for the bank opposes the grant
of any such facility to pay the amount due in instalments.
However, he assures that if the petitioner approaches the
bank with a suitable request for such facility, the bank
would certainly consider the same sympathetically.
4. In the above circumstances, this writ petition is
disposed of directing the petitioner to submit a proper
representation to the first respondent seeking payment of
the balance amount payable by him in instalments within
two weeks from the date of receipt of a copy of this
judgment. If such a representation is received, the first
respondent shall consider the same in accordance with
law, as expeditiously as possible and at any rate within a
period of two months from the date of receipt thereof and
shall pass final orders thereon.
K.SURENDRA MOHAN,
JUDGE
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