IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 WP(C).No. 149 of 2008(P) ---------------------------------- PETITIONER: ----------------- KADHEESA, PADINHARE KOLATH, THURAYOOR, KOZHIKODE. BY ADV. SRI.B.V.JOY SANKER RESPONDENTS: ---------------------- PAYYOLI SERVICE CO.OPERATIVE BANK LTD NO.F 1267, P.O.MELADI, KOZHIKODE REPRESENTED BY ITS SECRETARY. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 149 OF 2008 = = = = = = = = = = = = = = = Dated this the 2nd day of January, 2008. J U D G M E N T This writ petition is filed with a prayer to stay all further proceedings in E.P.199/06 and direct the first respondent to extend the benefits of the scheme proclaimed by the Government. The learned counsel for the writ petitioner submits that the sale is posted to 18.1.08. He had drawn the attention of the Court to Government Circular whereby the Government has laid down the guideline that more than 100% of the principal shall not be charged as interest and litigation expenses. It is a matter that requires consideration by the Court below. Therefore I direct the Court below to adjourn the sale posted to 18.1.08 if an amount of Rs.50,000/- is paid on or before that date and thereafter direct the decree holder, Bank to file a statement in the light of the Government circular and showing maximum leniency which is permissible under law so as to enable the judgment W.P.C 149 OF 2008 -:2:- debtor to wipe off the liability by arriving at a figure in consultation with the decree holder. The Court may give a reasonable time for the judgment debtor to pay the amount and only on failure of the same to proceed with the sale of the property. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-