The learned counsel for the respondent on instructions submits that the balance amount due from the petitioner as on 31.05.2014 is `1,36,065/-. The learned counsel for the petitioner submits that, the petitioner is suffering from a number of ailments. He is incapacitated. He had to incur substantial expenditure for his treatment which involved an open heart surgery. The expenses have ruined his financial stability also. For the above reasons, the learned counsel for the petitioner seeks permission to pay the entire amount in monthly instalments. He also seeks the issue of a direction to the 1st respondent Bank to consider waiver of some portion of the balance amount, considering his pitiable condition. Adv.Sri.R.Sudheesh appears for the respondent Bank.
2. Heard. In view of the pathetic condition of the petitioner, I am satisfied that the petitioner can be granted a chance to pay the entire amount in monthly instalments. In the meanwhile, the petitioner can also submit a representation to the 1st respondent Bank seeking waiver of some portion of the balance amount that is demanded.
This writ petition is, therefore, disposed of with the following directions :
1) The petitioner shall pay the balance amount of `1,36,065/-
W.P.(C)No.11794 of 2014 2 (Rupees One lakh thirty six thousand and sixty five only) that is stated to be due and payable to the Bank, with up to date interest thereon in monthly instalments of `10,000/- each. The 1st instalment shall be paid on or before 15.07.2014. The subsequent instalments shall be paid on or before the 15th day of each succeeding month thereafter. In the event of the petitioner committing default in payment of any of the instalments, he shall forfeit the benefit of this judgment and the Bank shall be at liberty to proceed with the execution proceedings thereafter.
2) The petitioner shall also submit a proper representation to the 1st respondent Bank detailing his pathetic health condition and seeking waiver of some portion of the balance amount that is remaining unpaid. Such a representation if submitted before 15.07.2014, the 1st respondent shall consider the same and shall pass appropriate orders thereon, as expeditiously as possible and any rate within a period of one month thereafter. In the event of waiver being granted, the monthly instalments shall also be reduced by the Bank suitably, so as to permit the petitioner to pay off the balance amount without difficulty.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV