Murali K. and Susha Murali vs The Cananra Bank Haripad Branch, Alappuzha-690514, The Manager Canara Bank, Haripad Branch, Alappuzha-690514 and The Authorised Officer Canara Bank, Haripad Branch, Alappuzha-690514

Surendra Mohan, J.—Appellants in both these Writ Appeals challenge the judgments in two Writ Petitions filed by them seeking identical reliefs against the Canara Bank. Since the issues are identical, we have considered the appeals together and they are disposed of together. Amounts are due from the appellants to the Canara Bank in repayment of cash credit facilities enjoyed by them for the purpose of conduct of their businesses of a mini supermarket and jewellery. Their two businesses have suffered loss and repayment of the loans availed by them have been defaulted. They approached this court seeking permission to pay back the amounts payable by them in installments. As per the judgments under appeal the appellants have been permitted to pay off the defaulted amounts in 10 equal instalments. The appellants submitted that they have already paid one instalment in each of these appeals but they are not in a financial condition to pay off the subsequent instalments regularly and without fail. Therefore, they have filed these Writ Appeals seeking permission to pay off the amount in 20 installments.

Counsel for the respondents opposes the plea of the counsel for the appellants contending that since substantial amounts are due from them, the indulgence shown by this Court in permitting them to pay off the same in 10 instalments was more than sufficient. The circumstances do not call for any further indulgence on the part of this Court, it is submitted. At any rate, according to the counsel for respondents request for the grant of 20 instalments was totally unreasonable.

Having considered the contentions of the counsel appearing for the rival parties, we are satisfied that some leniency can be shown to the appellants who are now willing to clear off the amounts due to the Bank, somehow or the other. After deliberation on the number of instalments we direct that appellants shall be permitted to pay off the defaulted amount in 16 equal monthly instalments, in each of these appeals. Each of the monthly instalment shall be due and payable on the next working day of the 15th day of each month. All the other conditions imposed by the learned Single Judge shall remain the same. The Writ Appeals are disposed of with the above modification to the judgments of the learned Single Judge.