IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 2993 of 2009(F) ------------------------- PETITIONER(S): --------------- 1. SHAJI SEBASTIAN, PALLIKKAN HOUSE, MOOLIKADAVU, AGALI.P.O, ATTAPPADI, PALAKKAD DISTRICT. 2. MARY SHAJI, W/O. SHAJI SEBASTIAN, PALLIKKAN HOUSE, MOOLIKADAVU, AGALI.P.O, ATTAPPADI, PALAKKAD DISTRICT. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S): --------------- 1. THE KEREALA STATE CO-OPERATIVE BANK LIMITED, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE AUTHORISED OFFICER, THE KERALA STATE CO-OPERATIVE BANK LIMITED, REGIONAL OFFICE, KOCHI. 3. THE MANAGER, THE KERALA STATE CO-OPERATIVE BANK LIMITED, PALAKKAD BRANCH. 4. BIJU JOSEPH, S/O. JOSEPH, KULEKKAPPURATH HOUSE, CHITTUR.P.O, KURAVANPADI, ATTAPADY, PALAKKAD. ADV. SRI.NAGARAJ NARAYANAN FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 2993 OF 2009 ............................................ DATED THIS THE 4TH DAY OF FEBRUARY, 2009 JUDGMENT Petitioners are debtors of the first respondent. They are guarantors for the facility stated to have been availed by the fourth respondent. The transaction is a mortgage loan with a span of 15 years. It is stated by the counsel for the petitioners and the first respondent that an amount of Rs.25,000/- has been paid after the impugned auction. It is also pointed out by the counsel for first respondent that if an amount of Rs.1,75,000/- is paid, the Bank would consider regularisation of the transaction. Hence dispensing with notice to the fourth respondent, this writ petition is ordered directing that if an amount of Rs.25,000/- is paid on or before 17.2.2009 and a further amount of Rs.1,75,000/- on or before 31.3.2009, the impugned auction would be deferred and Bank would consider regularisation of the transaction. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk