The petitioner availed of a loan and admittedly committed a default. The petitioner is aggrieved by the proceedings taken by the respondents for recovery of the amount due. The learned counsel for the petitioner submits that earlier, the petitioner had appeared before the Government and sought for instalments. The said request was granted providing payment in 25 instalments, which was not complied with. Again One Time Settlement was sought for and the same was allowed by the Chairman of the Corporation. However, the amounts had to be paid before 10.6.2014, which stood not complied with. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of, on the following terms:-
(i). The respondents shall issue a statement of accounts showing the defaulted amounts as on 30.6.2014.
(ii). The respondents shall grant ten monthly instalments for the payment of the balance dues, starting from 13.07.2014.
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(iii). Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default, along with the regular equated monthly instalments on the due dates.
(iv) On the petitioner making two consecutive defaults, the recovery steps initiated shall revive and continue.
(v). On the tenth instalment being satisfied, the respondents shall issue a statement of the interest accrued from 30.6.2014 which shall be satisfied by the petitioners on the 13th of the succeeding month.
(vi). On the petitioners satisfying the entire arrears, the recovery proceedings shall be unenforceable.
It is made clear that the respondents will be free to proceed with the recovery if the above conditions are not complied with.
K.Vinod Chandran Judge.
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