IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 26011 of 2008(V) -------------------------- PETITIONER: ------------ JAMEELA, W/O.AKKARAYIL SIDHIQ, MAKKINTEPURAKKAL HOUSE, MANATHALA, THIRUVATHRA, CHAVAKKAD, THRISSUR. BY ADV. SMT.S.MUMTAZ RESPONDENTS: ------------- 1. GURUVAYOOR CO-OPERATIVE URBAN BANK LTD. NO.F.1652, EDAKKAZHIYOOR BRANCH REPRESENTED BY THE BRANCH MANAGER, EDAKKAZHIYOOR, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV.SRI.DEVAPRASANTH P.J. R2 BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.26011 OF 2008 ------------------------------------------- Dated this the 28th day of August, 2008 JUDGMENT Heard learned standing counsel for the first respondent and learned senior Government Pleader for the second respondent. 2. The petitioner availed a loan from the first respondent, stated to be for housing purpose. The first respondent has brought the mortgaged property to sale, in view of default in repayment. Learned counsel for the petitioner, faced with a situation that there is no jurisdictional error or legal infirmity in the impugned proceedings, has, on behalf of her client, given up all other contentions, including her right to move the Debt Recovery Tribunal under the SARFAESI Act and sought for an opportunity for the petitioner to pay off the outstandings in instalments. 3. Learned counsel for the first respondent is right in pointing out that the petitioner's bonafides itself is a matter of dispute WPC.26011/08 Page numbers since the sale is listed this afternoon and now only the petitioner has sought indulgence of this Court. Taking note of the entire scenario, including the fact that the petitioner had made certain payments before initiation of proceedings, it is directed that if the petitioner remits 1/4th of the total outstandings within two weeks from now, any sale, if it takes place today, shall not be confirmed for a period of five months to let her pay the remaining amounts also in three equal monthly instalments, payable on or before the 15th of every month commencing from October, 2008. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Kkb.30/8.