The petitioner was aggrieved with the recovery proceedings issued at Ext.P3. The prayers of the petitioner in the writ petition are to furnish a detailed statement of account, to call for the bond executed by the petitioner and to declare the same to be illegal and irregular. The petitioner also prays that the recovery proceedings pursuant to Ext.P3 may be stayed and the loans taken by the petitioner may be given the benefit of write off. The reliefs claimed are couched in such wide terms that no specific claim is discernible. 2. The petitioner admittedly availed of three agricultural loans in 1980, 1985 and 1986. The grounds are against charging of interest and penal interest. A moratorium is said to have been declared by the 1st respondent for which no evidence is seen produced herein. The petitioner but for merely claiming the reliefs, does not specify as to what is the basis on which relief is claimed. The writ petition has been pending from 2012 onwards. Even the representation filed before the respondent Bank has not been produced herein. In such circumstances, there could be no positive directions issued to the respondent Bank.
3. However, considering only the fact that the recovery proceedings are pending from 2012 and there was an interim stay granted, this Court is of the opinion that the petitioner can be allowed to settle the loans in instalments. The respondent Bank shall give the petitioner twelve monthly instalments to settle the entire loans. The petitioner shall produce a certified copy of this judgment before the respondent Bank within two weeks of its receipt, upon which the respondent-Bank shall quantify the dues as on 20.12.2014 and issue a statement of accounts, in accordance with which the instalments shall be paid. The 1st instalment shall be paid on or before 01.01.2015 and thereafter; the due date of instalments falling on the 1st of each succeeding month. If default is committed in two consecutive instalments, then the recovery proceedings shall be revived and continued. On the satisfaction of the dues as per the statement, the Bank shall give a statement of the future interest from 20.12.2014 and the same shall be settled as the 13th instalment.
The writ petition stands disposed of leaving the parties to suffer their respective costs.
Sd/-
K.VINOD CHANDRAN Judge Mrcs //True Copy//