IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 25382 of 2008(V) --------------------------------------- PETITIONER: ------------------- K.MOHANAN, AGED 53 YEARS, INDIRALAYAM,T.C. 41/1974, MANACAUD P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SARIN PANICKER. RESPONDENTS: ----------------------- 1. GENERAL MANAGER, THIRUVANANTHAPURAM CO-OPERATIVE URBAN BANK LTD. NO. 1969, WITH REGISTERED OFFICE AT. P.B. NO.115, M.G. ROAD, THIRUVANANTHAPURAM. 2. ASSISTANT REGISTRAR, (GENERAL), THIRUVANANTHAPURAM CO-OPERATIVE URBAN BANK, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.25382 of 2008-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of August, 2008. JUDGMENT 1.The name of the second respondent is struck off. 2.The petitioner mortgaged an item of property to secure loans availed in the name of his wife in connection with certain activities on ready-made garments. On default, after hearing the petitioner and his wife, Ext.P3 award was passed by the competent authority under the Kerala Co- operative Societies Act, 1969, on 12-2-2007. That has become final. Execution proceedings have been taken out and the property is brought to sale. However, Ext.P1 shows that the petitioner was admitted to the Department of Cardiology of the Medical College Hospital, Thiruvananthapuram on 29-7-2008 and subjected to Coronary Angiography with PCI on 30-7-2008 and is under continued WP(C)25382/2008 -: 2 :- treatment after the procedure, evidenced by Ext.P1. With the aforesaid situations, the petitioner conceding to Ext.P3 decree, requests that he may be given a reasonable time to pay off the outstandings. In the aforesaid circumstances, this writ petition is ordered directing that the impugned recovery proceedings will stand deferred on condition that the petitioner remits the entire outstandings in equal monthly instalments of Rs.35,000/- payable on or before the 15th day of every month commencing from September, 2008. If there is default in remitting any of the instalments as afore-directed, the benefits of this judgment will stand recalled and the writ petition will stand dismissed automatically. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/220808