This writ petition is filed by the petitioner seeking the following

reliefs:

“a) To issue a writ of mandamus or any other appropriate writ,

order or direction commanding the respondents to grant the

petitioners a reasonable time of 12 months to remit the entire

amount due in the above loans accounts Nos.2553766000025,

2553766000058, 2553766000053

b) To issue a writ of mandamus or any other appropriate writ, order

or direction commanding the respondents to keep in abeyance

all further proceedings under the Revenue Recovery Act, for

attachment and sale of the secured properties.

c) To issue any other appropriate writ, order or direction, this

Hon'ble Court may deem fit and proper on the facts and in the

circumstances of the case and in the interests of justice.”

2.

Petitioners had availed three MSME loans totalling to

Rs.15 lakhs for conducting a furniture business in the name and style,

SS Furniture. To put it short, repayment was defaulted, consequent to

which, action was initiated under Section 7 and 34 of the Kerala

Revenue Recovery Act, which is under challenge before this Court.

3.

Even though various contentions are raised, learned

Counsel for the petitioners seeks 12 equated monthly instalments for

payment of the amount outstanding against the respondent bank.

4.

Learned Counsel for the bank submitted that, as on

27.3.2019, an amount of Rs.13,82,903/-, is due from the petitioners. It

is also pointed out by the learned Standing Counsel for the bank that,

bank account of the petitioner was made NPA on 29.4.2014, and

unless and until petitioners make a substantial payment to show the

bonafides, the bank will not be able to help the petitioners, so far as

the repayment of instalments is concerned.

5.

Having regard to the facts and circumstances of the case

and taking into account the adverse economic and financial situation

prevailing in the community, petitioners are directed to pay an

amount of Rs.3 lakhs within a month, from the date of receipt of a

copy of this judgment, and the balance amount in nine equated

monthly instalments, starting from 4.6.2019 onwards and on the

corresponding date of the succeeding months. Needless to say, if any

of the instalment is defaulted by the petitioners, respondent bank will

be at liberty to resurrect the proceedings and recover the amount in

lump. I also make it clear that, if the petitioners are making the

payment directly to the bank, the collection charges shall be confined

to 1% of the total amount deposited.

The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

Jm/

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1

TRUE COPY OF THE STATEMENT OF ACCOUNTS OF

THE LOAN ACCOUNT NO. 2553766000025

EXHIBIT P2

TRUE COPY OF THE STATEMENT OF ACCOUNTS OF

THE LOAN ACCOUNT NO. 2553766000058

EXHIBIT P3

TRUE COPY OF THE STATEMENT OF ACCOUNTS OF

THE LOAN ACCOUNT NO. 2553766000053

EXHIBIT P4

TRUE COPY OF THE MEDICAL CERTIFICATE

EXHIBIT P5

TRUE COPY OF THE DEMAND NOTICE DATED

30.10.2018 IN RESPECT OF LOAN NO.

2553766000025

EXHIBIT P6

TRUE COPY OF THE DEMAND NOTICE DATED

30.10.2018 IN RESPECT OF LOAN NO.

2553766000058

EXHIBIT P7

TRUE COPY OF THE DEMAND NOTICE DATED

30.10.2018 IN RESPECT OF LOAN NO.

2553766000053

EXHIBIT P8

TRUE COPY OF THE DEMAND NOTICE DATED

14.11.2018 ISSUED UNDER S.34 OF RR ACT

EXHIBIT P9

TRUE COPY OF THE LETTER DATED 27.11.2018

ISSUED BY THE 4TH RESPONDENT TO THE 2ND

RESPONDENT

EXHIBIT P10

TRUE COPY OF THE TREATMENT RECORDS ISSUED

FROM THE MEDICAL COLLEGE HOSPITAL, TVM