IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WA.No. 80 of 2008() ------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.34890/2007 Dated 27/11/2007 .................... APPELLANT: PETITIONER ------------------------------------ A.P.SKARIAH, EZHUTHUPALLI VEEDU, VELLATHURUTHI KARA, KUZHIMATTOM P.O., KOTTAYAM. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.MIJI JOHN RESPONDENTS: -------------------- 1. KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM REPRESENTED BY ITS EXECUTIVE OFFICER, KOTTAYAM. 2. EXECUTIVE OFFICER, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. 4. BRANCH MANAGER, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KANJIKUZHY. BY ADV. SRI.SUNIL CYRIAC,SC,DIST.CO-OP,BANK,KTM THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- W.A.No.80 of 2008 ----------------------------------------- Dated this the 18th day of January, 2008 JUDGMENT Koshy, J. Revenue recovery proceedings were taken against the appellant. The amount is not disputed. He wanted only time to pay the amount. He availed the loan from the Co-operative Bank giving an undertaking that he will pay the amount in 60 monthly instalments. He has defaulted. The learned Single Judge was very lenient and allowed the petitioner to pay the amount in easy instalments as follows: “Having regard to the totality of the facts and circumstances, this writ petition is disposed of directing that if the petitioner remits an amount of Rs.20,000/- on or before the 5th December, 2007 and pays off the balance amount due as per Exhibit P2 in equal instalments on the 5th of January, 5th of February, 5th of March 2008 and 23rd of March, 2008, the impugned proceedings will be dropped. If there is default in remitting any of the instalments, the bank will be entitled to sell the properties. The bank can take possession, which will be constructive, to ensure sale proceedings, if the conditions imposed in this writ petition are not complied with.” 2 It is submitted that only the first instalment of Rs.20,000/- was paid. That too after the time fixed by the court on getting extension of time and after giving an undertaking that the balance amount will be paid in time. But no amount, other than Rs.20,000/- was paid. In the above circumstances, if the petitioner pays Rs.50,000/- on or before 5.3.2008 and file an undertaking before the Bank that he will pay the balance instalments in six monthly instalments before the end of every month, starting from 31.4.2008, the property shall not be sold. If the amount of Rs.50,000/- is not paid as directed, he will not get any benefit ordered in this judgment and no petition for extension will be entertained. The Writ Appeal is disposed of as above. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs.