IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 WP(C).No. 11755 of 2010(T) ------------------------- PETITIONER: ------------------ ABDUL NAZAR , S/O.IBRAHIM MASTER VALLIKKAPRAMBIL HOUSE KODASSERY, PO. CHEMBRASSERY, MALAPPURAM. BY ADV. SRI.I.DINESH MENON RESPONDENTS: ----------------------- 1. THE SPECIAL SALE OFFICER, ERNAD PRIMARY CO-OP AGRICULTURAL AND RURAL DEVELOPMENTBANK LIMITED NO.4363,MANJERI-3 2. THE ERNAD PRIMARY CO-OP AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED NO.4363 MANJERI -3, REPRESENTED BY ITS SECRETARY. R2 BY ADVS. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.11755/2010 -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1 – TRUE COPY OF THE CASH RECEIPTS EXT.P2 – TRUE COPY OF THE AUCTION NOTICE DATED 05-03-2010 EXT.P3 – TRUE COPY OF THE REQUEST DATED 20-03-2010 EXT.P4 – TRUE COPY OF THE CASH RECEIPT DATED 12-04-2010 EXT.P5 – TRUE COPY OF THE CASH RECEIPT DATED 21-06-2010 RESPONDENTS EXHIBITS EXT.R2 (a) - TRUE COPY OF THE LOAN SANCTIONED ORDER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXT.P2 (b) – TRUE COPY OF THE DEMAND NOTICE DATED 15-06-2009 ISSUED BY THE BANK TO THE PETITIONER //TRUE COPY// P.A. TO JUDGE P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.11755 OF 2010 -------------------------------- Dated this the 29th day of March 2011 JUDGMENT The petitioner had availed a loan from the respondent bank, based on the security provided. Admittedly, the petitioner could not honour the commitment in satisfying the due instalments on time, under which circumstance, the bank proceeded with further steps for selling the property in auction, which in turn is sought to be interfered by this Court, in this Writ Petition. 2. When the matter came for consideration before this Court on 06-04-2010, coercive steps were intercepted subject to the condition that the petitioner satisfied a sum of Rs.20,000/- on or before 13-04-2010 and a further sum of Rs.20,000/- within a period of one month thereafter, which is stated as complied with. 3. The learned counsel for the petitioner submits that the petitioner is ready and willing to satisfy the balance liability, providing some breathing time is given in this regard, which accordingly is sought for. 3. Heard the learned counsel appearing for the bank as well. 4. Considering the facts and circumstances, the petitioner is directed to deposit a sum of Rs.20,000/- within 'two weeks' and W.P.(C) No. 11755/2010 - 2 - the balance amount shall be cleared by way of 'two' equal monthly instalments, the first of which shall be effected on or before 30-04-2011 and the next one before 30-05-2011. Further steps for taking coercive steps shall be kept in abeyance till such time. If any default is made by the petitioner in satisfying the due amount as above, it will be open to the bank to take further steps for payment of the due amount in a lump. Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE vdv