The petitioner claims that the computation of amounts in the demand raised was without crediting the amounts already paid by the petitioner. However, it is trite that this Court would not look into such computation, under Article 226 of the Constitution of India, especially since,there is an alternate remedy of fact adjudication provided under the Kerala Co-operative Societies Act, 1969. In any event, the matter has been pending from the year 2007, if the loan is still pending, the petitioner shall approach the 2nd respondent with a certified copy of this judgment and the 2nd respondent shall compute the exact amounts due as on 31.12.2014, after giving credit to the entire amounts paid by the petitioner and shall issue a statement of accounts showing the payments made by the petitioner and the interest debited in the account. W.P.(C) No.8824 of 2007 - A 2
2. 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 petitioners 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 various transactions of the petitioner and inform the petitioner in writing the amounts due as on 31.12.2014, as directed herein above.
(iii) The 2nd respondent shall grant ten monthly instalments for the payment of the dues, starting from 17.01.2015 and followed up on 17th 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.
W.P.(C) No.8824 of 2007 - A 3
(vi) On the satisfaction of the dues as per the statement, the Bank shall give a statement of the future interest from 31.12.2014 and the same shall be settled as the 11th instalment.
(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 respondent will be free to proceed with the recovery if the above conditions are not complied with.
Sd/-
K. VINOD CHANDRAN, JUDGE SB // true copy // P.A To Judge.