IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 27270 of 2009(C) -------------------------- PETITIONER(S): --------------- KHADEEJA, AGED 40 YEARS, KARAKKULAVAN HOUSE, KANDAMANGALAM P.O., PALAKKAD. BY ADV. SRI.S.SUDHISH KUMAR RESPONDENT(S): --------------- 1. THE KUMARAMPUTHRU CO-OPERATIVE HOUSING SOCIETY LTD., NO. 813, KUMARAMPUTHRU P.O., REPRESENTED BY ITS SECRETARY. 2. SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES/ARBITRATOR CUM HOUSING FEDERATION, KOZHIKODE. SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.27270 of 2009 ================== Dated this the 2nd day of November, 2009 J U D G M E N T The petitioner is a defaulter in repayment of the loan taken by the petitioner from the 1st respondent-Bank. The respondents have initiated proceedings for sale of the mortgaged property for realisation of the loan amount. That is under challenge before me. 2. The petitioner submits that as per the interim order dated 29.9.2009 the petitioner has paid an amount of Rs.20,000/-. The petitioner seeks facility to pay off the balance amount due in instalments. 3. Although notice was served on the respondents, they have not chosen to enter appearance and contest the matter. 4. After hearing the counsel for the petitioner, I dispose of this writ petition with the following directions: The petitioner shall pay the balance amount due in five equal monthly instalments starting from 1.12.2009. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments in time, further coercive proceedings for recovery of the amount shall be kept in abeyance. However, if the petitioner commits default in paying any of the instalments, it would be open to the respondents to continue 2 proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. If the respondents are willing to consider the petitioner's request for regularisation of the loan account, the above judgment shall not stand in the way and the 1st respondent shall consider the same as sympathetically as possible, taking into account the facts and circumstances of the case. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge