IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 26497 of 2009(F) -------------------------- PETITIONER(S): --------------- VIMALADEVI ,AGED 65 YEARS D/O.KAMALAKSHI AMMA, RAMANEZHATH HOUSE PANANGAD AMSOM, SREENARAYANAPURAM VILLAGE KODUNGALLUR TALUK. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): --------------- 1. POOVATHUMKADAVU FARMERS SERVICE CO-OPERATIVE BANK, P.O.PANANGAD, KODUNGALLUR REPRESENTED BY ITS SECRETARY, PIN 680 665. 2. SPECIAL SALE OFFICER OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KODUNGALLUR PIN 680 664. ADV. SRI.V.M.KRISHNAKUMAR FOR R1 SMT.P.A.ANITHA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 26497/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE NOTICE DTD.21.8.09 IN EP.NO.8/08 IN ARC.4845/05. P2. COPY OF THE SALE PROCLAMATION DTD.21.8.09. IN E.P.NO.8/08 IN ARC NO.4845/05. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.26497 of 2009 ================== Dated this the 30th day of October, 2009 J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due to the 1st respondent, in respect of which, the respondents have initiated recovery proceedings. The petitioner does not dispute the liability to pay or the quantum. The petitioner now only seeks time till 31.1.2010 for payment of the entire balance amount due. 2. The learned Standing Counsel appearing for the 1st respondent opposes the prayer. 3. However, taking a lenient view, I direct the 1st respondent to grant the petitioner time till 31.1.2010 for paying the balance amount due. It is made clear that if the petitioner does not pay the balance amount due before 31.1.2010, it would be open to the respondents to continue the proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. It would be open to the petitioner to approach the 1st respondent for any remission in the interest or otherwise in respect of the repayment of the loan amounts, which shall be duly considered by the 1st respondent in accordance with law. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2