IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 25788 of 2008(T) -------------------------------------- PETITIONER: ------------------- P.J. DEVASIA, S/O. JOHN, AGED 70 YEARS,, PUNNAPPARAMBIL HOUSE, MUZHOOR POST, MUZHOOR KARA, AKALAKUNNAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.T.MADHU, ADV. SRI.SAJI JACOB. RESPONDENTS: ----------------------- 1. THE KIDANGUR SERVICE CO-OPERATIVE BANK LTD., NO.3431, KIDANGUR VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, RERESENTED BY ITS SECRETARY. 2. THE SALE OFFICER, KIDANGUR SERVICE CO-OPERATIVE BANK LTD., KIDANGUR, MEENACHIL TALUK, KOTTAYAM DISTRICT. 3. THE INSPECTOR OF ARBITRARION AND EXECUTION, KIDANGUR SERVICE CO-OPERATIVE BANK LTD., KIDANGUR, MEENACHIL TALUK, KOTTAYAM DISTRICT. 6. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MEENACHIL, PALA.P.O, KOTTAYAM DISTRICT. R2 TO R4 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.25788 of 2008 ================================== Dated this the 27th day of August, 2008. JUDGMENT Having regard to the nature of the directions being issued hereunder, notice to respondents 1 to 3 are dispensed with preserving their right to move for review of this judgment, if aggrieved. Learned senior Government Pleader appears for the fourth respondent. 2. Petitioner stood as a surety for two loans availed by one Sabu Sebastian and Annie Sebastian from the first respondent. On default, the property of the petitioner has been brought to sale. It has been bid in auction by the Bank. Petitioner, giving up all other contentions, states through his learned WPC25788/08 -:2:- counsel that his request is only to ensure that he does not lose the property and he is prepared to pay the entire amounts due to the Bank though the Bank may consider extending some ameliorative benefit to reduce the total outstandings. 2. Having heard the learned counsel for the petitioner and the learned senior Government Pleader, it is directed that if the petitioner deposits an amount of Rs.1,00,000/- within a period of one month, the Bank will consider the request of the petitioner to have the sale set aside on remitting the entire remaining amounts within a further period of one month. The dispossession of the petitioner will stand deferred if payments are promptly made in terms of what is stated above. Any written request WPC25788/08 -:3:- of the petitioner for reduction in total outstandings will also be considered. However that, the time limit for payments to be made need not go beyond what is fixed above. Writ petition ordered accordingly. Thottathil B.Radhakrishnan, Judge. sl.29.8.