The petitioner admittedly took a loan from the 2nd respondent and committed default in the same. The loan itself was availed in the year 2008 and the 2nd respondent proceeded against the petitioner for recovery of the amounts due under the loan account, as per the Revenue Recovery Act. The notice of attachment is produced as Exhibit P1.
2. Though the learned counsel raised contentions with respect to the defects in the notice, this Court is not convinced that the notice for attachment could be set aside on the defects pointed out. However, considering the impecunious circumstances of the petitioner, the writ petition is disposed of on the following terms:-
(i) The petitioner shall produce a certified copy of this judgment before the 2nd respondent within two weeks of receipt of the same.
(ii) The 2nd respondent shall quantify the amounts due under the loan account of the petitioner and inform the petitioner in writing the amounts due as on 15.05.2014.
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(iii) The 2nd respondent shall grant ten equal monthly instalments for the payment of the balance dues, starting from 15.06.2014.
(iv) Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default.
(v) On the petitioner making two consecutive defaults, the recovery steps initiated shall revive and continue.
(vi) On the 10th instalment being satisfied, the 2nd respondent shall issue a statement of the interest accrued from 15.05.2014, which shall be satisfied by the petitioner on the 15th of the succeeding month.
(vii) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.
Writ Petition is disposed of as above, making it clear that the respondents shall be free to proceed with the recovery if the above conditions are not complied with.
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( true copy ) Sd/- K.Vinod Chandran Judge