Back
2013 Supreme(Online)(KER) 9001
HIGH COURT OF KERALA
BABU MATHEW P.JOSEPH, J
AYSHA WAFA K – Appellant
Versus
SPECIAL DEPUTY TAHSILDAR – Respondent
WRIT PETITION (CIVIL) 12032/2013
The court can permit instalments for loan repayment to accommodate financial hardships while managing recovery proceedings.
Headnote:
Debt - Writ Petition - Revenue Recovery Proceedings - Allowing Instalments
Fact of the Case:
The writ petition challenges revenue recovery for an amount higher than decreed due to interest on an education loan, as the petitioners faced financial hardships.
Finding of the Court:
The court allowed the petitioners to repay the loan in 15 equal monthly instalments, keeping the revenue recovery proceedings in abeyance.
Issues: Whether the petitioners should be allowed to repay the loan in instalments despite the revenue recovery proceedings.
Ratio Decidendi: The court acknowledged the financial difficulties of the petitioners and deemed it just to permit repayment in instalments.
Final Decision: The petitioners were allowed to repay the loan in 15 monthly instalments.
J U D G M E N T
-----------------------
This writ petition is directed against Exhibit P2 revenue recovery proceedings initiated against the petitioners for realising Rs.4,05,552/-. Learned counsel for the petitioners submits that as per Exhibit.P1, the total amount decreed was only Rs. 3,20,020/-. But now the revenue recovery proceedings are initiated for realising Rs.4,05,552/- from the petitioners. Learned senior Government Pleader appearing for the first respondent and the learned counsel appearing for the second respondent submit that as per Exhibit P1 the petitioners are also liable to pay interest at the rate of 11% per annum from the date of suit till realisation. The total amount now calculated is taking into account the interest part also. Learned counsel for the petitioners now submits that the loan taken from the bank was an education loan for the first petitioner to undergo her B.Tech. Engineering Course. She has passed B.Tech. in 2009. But, she could not secure any employment so far. That was the reason why the loan amount could not be repaid in time. The petitioners are in financial difficulties. Therefore, he prays for allowing easy instalments for the repayment of loan amount. 2. Having heard both the sides, this Court is the considered view that instalment facility should be allowed to the petitioners for repaying the entire amount. Therefore, the petitioners are allowed 15 equal monthly instalments for repaying the entire amount. The first instalment shall be remitted on or before 05-06-2013 and thereafter on or before the 5th of every succeeding month. The revenue recovery proceedings shall be kept in abeyance. If the petitioners commit any default in paying the instalments as directed, the respondents will be free to proceed with the revenue recovery proceedings for realising the entire amount in a lump from the petitioners.
This writ petition is disposed of as above .
