IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 30868 of 2007(Y) -------------------------------------- PETITIONER(S): ---------------------- SIMON JOSEPH, AGED 45 YEARS, S/O JOSEPH, KOTTEKUNNEL HOUSE, MALAYAPUTHUVEL, VAGAMON, PEERMADE TALUK. BY ADV. MR.V.A.PRADEEP KUMAR RESPONDENT(S): ------------------------ 1. THE SPECIAL SALES OFFICER, PEERMADE TALUK CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO.I-273,ELAPPARA. 2. PEERMADE TALUK CO-OPERATIVE AGRL. AND RURAL DEVELOPMENT BANK LTD., NO.I.273, REPRESENTED BY SECRETARY, ELAPPARA. R1 BY GOVERNMENT PLEADER SMT.SUDHA DEVI. R2 BY ADV. MR.JOICE GEORGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 30868/2007-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE ISSUED BY 1ST RESPONDENT. EXT.P2: COPY OF THE NOTICE DATED 30/08/2007 ISSUED BY 1ST RESPONDENT. EXT.P3: COPY OF THE REPRESENTATION DATED 12/07/2007 SUBMITTED BY PETITIONER BEFORE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 30868 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th June, 2009. J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due from the 2nd respondent-Co-operative Bank. The Bank has initiated proceedings for sale of the mortgaged properties by Exts.P1 and P2. It is at that time the petitioner has approached this Court seeking the following reliefs: “(i) Issue a writ of certiorari or any other appropriate writ, direction or order quashing Exts. P1 and P2; (ii) issue a writ of mandamus directing respondents to consider Ext. P3 and to allow the petitioner to remit the due amount as per one time settlement scheme.” 2. At the time of admission, this Court passed the following interim order: “Notice and interim stay of sale confirmation for a period of one month on condition that the petitioner remits a sum of Rs. 25,000/- (Rupees twenty five thousand) within three weeks from today.” 3. Learned counsel for the petitioner submits that pursuant to the interim order, although only Rs. 25,000/- was directed to be paid, the petitioner has paid Rs.50,000/-. In so far as the liability is admitted the maximum the petitioner can seek is the facility to pay off the amounts in easy instalments. In the above circumstances, the writ petition is disposed of with the following directions: The petitioner shall pay off the balance amounts due in 10 equal monthly instalments starting from 1-7-2009. Every subsequent instalment shall be paid on the first working day of every succeeding month. The petitioner may also file a suitable application for one time W.P.C. No. 30868/07 -: 2 :- settlement before the 2nd respondent along with the first instalment. On receipt of the same, the 2nd respondent shall consider and pass appropriate orders on the same within another one month. Payment of subsequent instalment shall be in accordance with the amount computed on the basis of orders to be passed as above by the 2nd respondent. Needless to say, the 2nd respondent shall consider the request of the petitioner as sympathetically as possible. In the event of default, it would be open to the respondents to continue proceedings as per the notices impugned in this writ petition. Sd/- S. Siri Jagan, Judge. Tds/