The petitioner is aggrieved with the recovery proceedings initiated against the petitioner's loan account. The petitioner claims consideration under Ext.P3 circular. 2. The learned Counsel for the respondent Bank however, would point out that Ext.R1(b), circular had withdrawn Ext.P3 circular. The petitioner's contention is that the petitioner had applied for relief under the earlier circular, when the circular was in force, by Ext.P4. If such an application was made, and it was not considered, the petitioner ought to have approached the appropriate forum for redressal of his grievances.
3. The present writ petition is filed only in the year 2013 when the circular on which the petitioner places reliance was withdrawn by Ext.R1(b) dated 25.09.2013. In such circumstance, no such consideration can be allowed in favour of the petitioner.
4. However, considering the impecunious circumstance pleaded by the petitioner, this writ petition is disposed of on the following terms:-
(i) The petitioners shall produce a certified copy of this judgment before the 1st respondent within two weeks of receipt of the same.
(ii) The 1st respondent shall quantify the amounts due under the various transactions of the petitioner and inform the petitioner in writing the amounts due as on 15.11.2014.
(iii) The respondent shall grant six monthly instalments for the payment of the balance dues, starting from 29.11.2014 and followed up on the 29th of each succeeding month.
(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 6th instalment being satisfied, the respondent shall issue a statement of the interest accrued from 15.11.2014 which shall be satisfied by the petitioner on the 29th of the succeeding month.
(vii) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.
(viii) If the petitioner satisfies the entire arrears, the salary which has been withheld by the 2nd respondent shall also be disbursed to the petitioner.
Writ Petition is disposed of as above, making it clear that the respondent will be free to proceed with the recovery if the above conditions are not complied with.
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(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge