IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 25664 of 2009(C) -------------------------- PETITIONER(S): --------------- K.KUMARAN,CHERIYAPARAMBATH PADIKKALAKKANDITHAZHAKUTTIYIL,P.O.KARIYAD THALASSERY TALUK,KANNUR. BY ADV. SRI.K.ANAND RESPONDENT(S): --------------- 1. THE ARBITRATION AND EXECUTION INSPECTOR NO:1,OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL),KOOTHUPARAMBA. 2. THE CHOKLI SERVICE CO-OPERATIVE BANK, CHOKLI.PO,REP.BY ITS SECRETARY. ADV. SRI.SARVOTHAMAN FOR R2 SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.25664 of 2009 ================== Dated this the 13th day of November, 2009 J U D G M E N T The petitioner is a defaulter in repayment of loan amount due from him to the 2nd respondent, in respect of which, revenue recovery proceedings have been initiated, which resulted in Ext.P1 sale notice. The petitioner is challenging the same. However, the petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks the facility to pay the amounts in instalments. 2. I have heard the learned Standing Counsel appearing for the 1st respondent and the learned Government Pleader. 3. Having heard both sides, I dispose of this writ petition with the following directions: As per the interim order dated 10.9.2009 the petitioner has paid Rs.15,000/-. The petitioner shall pay the balance amount 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 on the due dates without default, coercive proceedings for recovery of the amounts due shall be kept in abeyance. However, if the petitioner commits default in payment of any of the instalments, it would be open to the respondents to take coercive proceedings without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2