IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 23200 of 2009(T) -------------------------- PETITIONER(S): --------------- 1. T.J. JOSE, THERMADAN HOUSE, PATTIKAD , THRISSUR. 2. JOSEPH J.THERMADAN, THERMADAN HOUSE, PATTIKAD THRISSUR. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): --------------- 1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, ARBITRATION CUM SPECIAL OFFICER, SATHABDI MANDIRAM TUBA ROAD, THIRUVAMBADY,THRISSUR. 2. THE BRANCH MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK, PATTIKKAD BRANCH, TRICHUR DISTRICT. 3. DISTRICT COLLECTOR, THRISSUR DISTRICT. 4. THE PROJECT DIRECTOR & GENERAL MANAGER (TECH), NATIONAL HIGHWAY AUTHORITIES OF INDIA, THUSHARABINDU, NO. 337, CHANDRA NAGAR EXTN, NARICODE, PALAKKAD DIST. MR.P.C.SASIDHARAN, SC FOR R2 MR.THOMAS ANTONY, SC FOR R4 MR.K.C.SANTHOSHKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23200 of 2009 --------------------------------- Dated, this the 18th day of August, 2009 J U D G M E N T Challenge in the writ petition is against Exts.P1, P2 & P3 proceedings for auction of the property belonging to the petitioners, which is mortgaged to the 2nd respondent Bank. 2. Pursuant to the interim orders passed by this Court on 14/08/2009, the petitioners have remitted Rs.3 lakhs, and on such remittance, the auction has been deferred. 3. Taking into account the above, I direct that it will be open to the petitioners to remit an amount of Rs.4 lakhs within one month from today and make an application to the respondent Bank for regularising the loan, in which event, the 2nd respondent shall consider the application and pass orders thereon. It is directed that until a decision is taken and communicated to the petitioners, further proceedings for auctioning the property will be kept in abeyance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg