CHIRUTHA Vs. KASARAGODE DISTRICT CO-OPERATIVE BANK LTD.

JUDGEMENT

(1.) THE petitioner in this Writ Petition seeks only a facility to pay the amount due to the 1st respondent bank in monthly instalments. The 1st respondent has filed a counter affidavit stating that the request of the petitioner for instalments had been considered and that by Resolution Number 12 dated 31.03.2012, six instalments have been granted to the petitioner for settling her loan account. The petitioner, a lady aged 70 years, seeks 12 instalments Having considered the rival contentions, I am satisfied that this Writ Petition can be disposed of permitting the petitioner to pay the defaulted amount in 10 instalments.

(2.) THIS Writ Petition is accordingly disposed of directing the petitioner to pay the entire amount due to the 1st respondent bank in 10 equal monthly instalments. The first instalment shall be paid on or before 15.07.2012 and the subsequent instalments shall be paid on or before the 15th day of each succeeding month thereafter. Pending payment of the above instalments, all further action of the bank to recover the amount due shall be kept in abeyance. In the event of the petitioner committing default in payment of 3 consecutive instalments, the bank will be free to initiate the proceedings for the recovery of the entire balance amount remaining, in accordance with law.