IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 14595 of 2011(Y) -------------------- PETITIONER(S): ----------------------- 1. ANTONY K.M, S/O.MICHAEL, AGED 82 YEARS, KUNNATHARA HOUSE, MANJAL1KKARA, KARUMALLOOR P.O., ALANGAD-VIA, ERNAKULAM DISTRICT. 2. THRESSIA, W/O.ANTONY, KUNNATHARA HOUSE, MANJALIKKARA, KARUMALLOOR P.O., ALANGAD-VIA, ERNAKULAM DISTRICT 3. JOSEPH K.A., S/O.ANTONY, KUNNATHARA HOUSE, MANJALIKKARA, KARUMALLOOR P.O., ALANGAD-VIA, ERNAKULAM DISTRICT BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): ------------------------- 1. ERNAKULAM CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. NO.E.87, ALUVA, ALUVA P.O., ERNAKULAM DISTRICT, PIN-683101 REPRESENTED BY ITS MANAGER AT THE HEAD OFFICE AT ALUVA 2. THE SECRETARY, ERNAKULAM CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. NO.E.87, PARAVUR BRANCH, NORTH PARAVUR P.O., ERNAKULAM DISTRICT, PIN-683513 3. THE SENIOR INSPECTOR/SPECIAL SALES OFFICER, DISTRIT CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. NO.E.87, ALUVA, ERNAKULAM DISTRICT, PIN-683101 R1 & R2 BY ADV. SRI. SHAJI CHIRAYATH R3 BY GOVT. PLEADER SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 14595 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE DEMAND NOTICE DATED 13.8.2010 ISSUED BY THE 1ST RESPONDENT. EXT.P2 : COPY OF THE REPRESENTATION DATED 10.9.2010 SUBMITTED BY THE 1ST AND 3RD PETITIONERS BEFORE THE 1ST RESPONDENT. EXT.P3 : COPY OF THE SALE AUCTION NOTIFICATION PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 26.5.2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.14595 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of July, 2011 J U D G M E N T The petitioners have filed this writ petition challenging the action of the respondents in initiating recovery proceedings for recovery of loan amounts defaulted by the petitioners. The petitioners now seek only instalment facility. This court passed an interim order on 31.05.2011 which reads as follows: “Urgent notice on admission to respondents by speed post returnable within 10 days. Meanwhile confirmation of sale if any, take place on the basis of Ext.P3 with respect to property mentioned as item No.10 thereunder shall be kept in abeyance subject to condition of the petitioner remitting a sum of Rs.3,50,000/- (Rupees Three lakhs fifty thousand only) on or before 25.06.2011.” The counsel for the petitioners submits that, the amount ordered to be paid as per the interim order has been paid. I have heard the learned counsel appearing for the respondents also. I am of opinion that, the respondents can show some leniency to the petitioners in the matter of payment of the balance amount in installments. W.P.(C)No.14595 of 2011 -2- Accordingly the writ petition is disposed of with a direction to the respondents to permit the petitioners to pay the balance amount in ten (10)equal monthly installments starting from 01.08.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioners pay the installments on due dates without default, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioners commit default in any one of the installments, it would be open to the respondents to recover the entire amount in a lump sum by appropriate coercive legal proceedings. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/