TOMY THOMAS v. STATE OF KERALA

Today, when the matter is taken up, the learned counsel appearing for the petitioner submits that the petitioner be permitted to clear off the amounts outstanding in 15 equal monthly installments.

4. The learned Standing Counsel appearing respondents submits that the total outstanding as on date in respect of loans availed by the petitioner is Rs.25,36,247/-. He vehemently opposed the request for grant of 15 installments. However, he fairly submitted that he has instructions to submit that the bank has no reservations in providing an opportunity to settle the overdue amount. Nonetheless, he asserted that the option to pay in installments should be strictly limited to not more than ten installments with a rider and that the petitioner shall continue to pay the regular installments.

5. I have considered the submissions and have carefully gone through the records.

6. From the submissions made by both sides, it appears that the total outstandings is Rs.25,36,247/-. As the respondents have not objected to granting an installment facility to the petitioner to clear off the dues, I am of the view that necessary directions can be issued to enable the petitioner to clear the amounts due to the respondents. Resultantly, this writ petition is ordered, and the following directions are issued : - WP(C) NO. 9845 OF 2023 5 (i) The petitioner shall approach the respondents with a request to inform him of the details of the outstanding amount together with interest and other charges due from him in respect of the loan account. If such a request is made within two weeks from the date of receipt of a copy of this judgment, the respondents shall forthwith issue a statement in writing detailing the amount due to clear the outstanding amount. (ii) On receipt of such a statement, the petitioner shall pay the amount shown therein in twelve (12) equal monthly installments commencing from 15.2.2024 and continue to pay the same on every successive month thereafter the entire loan is wiped off. In addition, the petitioner shall continue to pay the regular installments as and when the amounts become due. (iii) If the amounts are diligently paid in terms of directions above, coercive proceedings initiated against him by the respondents for the realization of the amount shall be kept in abeyance. (iv) It is made clear that if the petitioner commits default in respect of two successive installments, he will lose the benefit judgment, concerned respondents will be free to continue the recovery proceedings against him from the stage at which he presently stands and recover the entire amount along with interest and other charges. WP(C) NO. 9845 OF 2023 6 (v) It is further made clear that no application for an extension of time will be entertained. Sd/- RAJA VIJAYARAGHAVAN V JUDGE SMA WP(C) NO. 9845 OF 2023 7 APPENDIX OF WP(C) 9845/2023 PETITIONER EXHIBITS :- Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 TRUE A REGISTERED OFFICE COPY AS OF G. THE GAHAN DATED AT SUB

13.05.2015 REGISTRAR THE TRUE COPY OF RECEIPT ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER DATED ON 26.03.2018 NUMBER TRUE COPY OF THE NOTICE DATED 27.01.2023 A BEARING TH RESPONDENT UNDER SECTION 20 RULE 8(C) OF KERALA RURAL STATE DEVELOPMENT BANK ACT TO THE PETITIONER AGRICULTURAL COOPERATIVE ISSUED AND THE BY 5 A TRUE COPY OF THE APPLICATION DATED 11.02.2023 7TH SUBMITTED RESPONDENT PETITIONER BEFORE THE THE BY A TRUE COPY OF THE 'MEMBERS STATEMENT AS ON 10.02.2023' ISSUED TO THE PETITIONER BY THE 6TH RESPONDENT TRUE A REGISTERED OFFICE COPY AS OF G. GAHAN THE DATED SUB AT

3.05.2016 REGISTRAR TRUE A 19.05.2018 REGISTERED AS G. 1706/18 AT SUB REGISTRAR OFFICE DATED GAHAN COPY THE OF TRUE A REGISTERED AS G.1102/20 AT SUB REGISTRAR OFFICE

20.04.2020 DATED GAHAN COPY THE OF TRUE A REGISTERED OFFICE COPY OF THE GAHAN AS G.1569/2021 DATED SUB AT

19.04.2021 REGISTRAR Exhibit P10 THE REPRESENTATION DATED 01.03.2023 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT