Ambika Devi T.K. vs The Bank of India and The Branch Manager

Antony Dominic, J.—Petitioner was a defaulter to the Respondent Bank. From Ext.P1, it would appear that, the dispute between the parties were settled in a Lok Adalat. As per the award, the liability was settled at Rs. 95,000/- which ought to have been paid by the Petitioner on or before 30-09-2010. According to the Petitioner, although as agreed to between the parties, an amount of Rs. 10,000/- has been paid before 31-06-2010, the balance has not been paid for reasons beyond her control. It is stated that, at that stage the Bank has issued Ext.P2, threatening her to move an Execution Petition and to publish her photograph in newspapers. It is on receipt of Ext.P2, this writ petition is filed.

Although it is open to the Bank to proceed to realise the amount, I do not understand how the Bank could publish the photograph of a defaulter. Be that as it may, in any case, the Petitioner will have to pay the balance amount due under Ext.P1.

In such circumstances and taking note of the circumstances pointed out, I direct that further action against the Petitioner shall be kept in abeyance, provided, the Petitioner pays the balance amount due under Ext.P1 in four equal monthly instalments, first of which shall be paid on or before 25-01-2011 and the subsequent instalments shall be paid on or before the 25th day of the succeeding months.

Writ petition is disposed of as above.