IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 WP(C).No. 1879 of 2008(W) ------------------------- PETITIONER: ------------ AYYAPPAKUTTY, AGED 60 YEARS, S/O.PARU, PATTARAPURAKKAL HOUSE, AKALAD, PO. MANTHALAMKUNNU, CHAVAKKAD, THRISSUR. BY ADV. SRI.RAJIT RESPONDENTS: ------------- 1. SALE OFFICER/AUTHORISED OFFICER, GURUVAYUR CO-OPERATIVE URBAN BANK LTD., GURUVAYOOR, CHAVAKKAD TALUK, THRISSUR. 2. GURUVAYUR CO-OPERATIVE URBAN BANK, BLANGAD BRANCH GURUVAYUR, CHAVAKKAD, REP. BY ITS SECRETARY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN,J. -------------------------------------------------------- W.P.(C)No. 1879 OF 2008 -------------------------------------- DATED THIS THE 16TH DAY OF JANUARY, 2008 J U D G M E N T Having regard to the nature of the direction issued hereunder notices to the respondents are dispensed with preserving their right to move for review of this judgment, if aggrieved. 2. The petitioner availed a loan. Going by Exhibit P1, as on 15.11.2007 the accrued debt is Rs.1,95,467/-. That would carry with it future interest and other incidentals as of now. The value of the property proceeded against, going by Exhibit P1, is more than 3 fold of the amount to be recovered. 3. Under the aforesaid circumstances, as a last opportunity, it is directed that if the petitioner wipes off the entire outstandings in six equal monthly instalments, payable on or before the last working day of every month commencing from January, 2008 the impugned distress action will be dropped. To W.P.(C)No.1879/08 2 aid such purpose, it is directed that any sale in terms of Exhibit P1 shall stand adjourned periodically. If the petitioner does not make payment of the instalments, the Bank can forth with conduct the sale without any further notice to the petitioner. The writ petition is disposed of as above. THOTTATHIL B.RADHAKRISHNAN, JUDGE. dsn