IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 17110 of 2009(G) -------------------------- PETITIONER(S): --------------- RAJAN GEORGE, AGED 50 YEARS, S/O. YOHANNAN GEORGE, POOVANNMVILA VEEDU, CHELIKUZHY P.O., KOLLAM DISTRICT. BY ADV. SRI.A.F.SEBASTIAN RESPONDENT(S): --------------- THE PATHANAPURAM PRIMARY CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO. Q-995, REP.BY THE SENIOR INSPECTOR/SPECIAL SALE OFFICE, THOLIKODE P.O., PUNALOOR, KOLLAM DIST. BY SC SRI. A. SANILKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.17110 OF 2009 ------------------------ Dated this the 20th day of July, 2009. JUDGMENT Heard both sides. 2. The petitioner is a defaulter to the respondent, in respect of the two loans availed of by him. Default was committed and proceedings were initiated, which have reached the stage of sale of the properties belonging to the petitioner. 3. In this writ petition, although several contentions are raised, all that is pressed before me is for an instalment facility, in order to enable the petitioner to discharge the debt. Petitioner also confesses that against the condition imposed by this court in the order dated 19.6.2009, he could pay only Rs.20,000/-. 4. Irrespective of all the above, having regard to the fact that the petitioner expressed his expressed a genuine desire to discharge the liability, I am inclined to think that WP(c).No.17110/09 2 the petitioner could be afforded yet another opportunity to liquidate the liability and save the property from distress sale. Accordingly, the writ petition is disposed of directing that the balance amount due to the respondent be permitted to be remitted in four equal monthly instalments, first of which shall be paid on or before 30th July, 2009. The subsequent instalments shall be paid on or before 30th of every succeeding month. Subject to payment as above without default, the sale shall be deferred and in case default is committed the Bank will be free to continue the proceedings. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.17110/09 3