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2010 Supreme(Online)(KER) 30900
HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, J
LISSY JOSEPH – Appellant
Versus
THE CHIEF MANAGER – Respondent
WP(C)/33289/2008
SRI.PEEYUS A.KOTTAM
The ruling reinforces the obligation of a debtor to settle liabilities and the court's discretion to order installment payments while preserving the creditor's rights.
Headnote:
Debt - Writ Petition - N/A - The court directed the petitioner to discharge her outstanding liability to the Bank in installments or within 15 days, highlighting the consequences of non-compliance and balancing creditor rights and debtor obligations.
Fact of the Case:
The petitioner filed a Writ Petition in 2008 regarding an outstanding debt to the respondent Bank, which claimed no payments had been made, except for the sale price of a vehicle that was credited to the account.
Finding of the Court:
The court allowed the petitioner to clear the liability in eight equal installments or within 15 days. It emphasized the importance of complying with the directive to avoid further coercive actions by the Bank.
Issues: Whether the petitioner should be permitted to settle her outstanding liability in installments or a lump sum, and the implications of default are raised.
Ratio Decidendi: The court reasoned that the debtor's willingness to pay was a positive indication, and structured payments, with clear consequences for non-payment, were a fair resolution.
Final Decision: The Writ Petition is disposed of; the petitioner must pay the debt as directed.
J U D G M E N T
This Writ Petition is heard afresh, on allowing R.P. No.276 of
2010 vide separate order passed today
2. The learned Counsel for the respondent Bank submits that the Writ Petition was filed in the year 2008 and no payment was effected by the petitioner to discharge the liability, but for sale of the vehicle, caused to be effected and the 'sale price' was given credit to the account of the petitioner .
3. The learned Counsel for the respondent Bank submits that the outstanding liability, after giving credit to the amount already paid, is Rs.4.11 lakhs. The petitioner is directed to satisfy the entire liability by way of 'eight' equal monthly installments, the first of which shall be paid on or before 31.03.2010, to be followed by similar installments to be effected on or before the 30th of the succeedings months. Subject to the above, all recovery proceedings stated as being pursued against the petitioner shall be kept in abeyance. It is made clear that, if any default is committed in effecting the installments as above, the respondent Bank will be at liberty to proceed with further steps for realsiation of the entire amount in a lump sum.
The Writ Petition is disposed of.
JUDGE.
..............................................................................
W.P.(C) No. 33289 OF 2008 .........................................................................
rd Dated this the 3 March , 2010
J U D G M E N T
The learned Counsel for the petitioner submits that the petitioner is ready and willing to clear the entire liability and that she might be given 15 days' time in this regard.
2. The learned Counsel appearing for the respondent Bank very fairly conceded to the above proposal. Accordingly, the petitioner is directed to wipe out the entire liability within 15 days as assured and undertaken before this Court today. It is made clear that if the petitioner does not prove her words by her deeds, the respondent Bank will be at liberty to pursue further coercive steps for realisation of the entire outstanding liability in a lump sum, from the stage where it stands now.
The Writ Petition is disposed of as above.
JUDGE.
