IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 18848 of 2008(R) -------------------------- PETITIONER(S): --------------- SARASAMMA, W/O. PRABHAKARAN, AGED 57, RESIDING AT KANCHIRATHANKUZHI, ANNAKAMPOYIL.P.O, THIRUVAMPADI, KOZHIKODE. BY ADV. SRI.R.PARTHASARATHY RESPONDENT(S): --------------- 1. THE KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., REP. BY SECRETARY, KOZHIKODE, PUTHIYARA. 2. THE MANAGER, THE KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., MUKKAM BRANCH. 3. THE SPECIAL SALE OFFICER, KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., PUTHIYARA, KOZHIKODE. ADV. SRI.THOMAS ANTONY FOR R1 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.18848 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PASS BOOK FOR THE LOAN NO.NFL 906 ISSUED BY 1ST RESPONDENT. EXT.P2: TRUE COPY OF THE DISPENSING CARD ISSUED FROM ARYA VAIDYA SALA HOSPITAL, KOTTAKKAL DATED 22.10.2005. EXT.P3: TRUE COPY OF THE DISCHARGE SUMMERY ISSUED BY AYURVEDA COLLEGE HOSPITAL, KOTTAKKAL. EXT.P4: TRUE COPY OF THE SALE NOTICE DATED 28.4.2008. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.18848 OF 2008 ------------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT The petitioner availed a facility from the first respondent, a Co-operative Agricultural & Rural Development Bank, and defaulted repayment. Consequently, she faced recovery proceedings. I do not find any jurisdictional error or legal infirmity in the impugned proceedings. The petitioner was granted an interim order on condition of payment of amounts at the rate of Rs.12,000/- per month. Certain deposits have been made. Hence, rejecting all other contentions, this writ petition is ordered directing that if the petitioner continues to remit amounts at the rate of Rs.12,000/- per month, following the interim order and thus wipes off the entire outstandings without fail, the impugned proceedings will be held back and if, for any reason, she fails and ultimately the property is taken up for auction, it would be open for her to show the auctioning sale officer that the entire property need not be sold but the sale WPC.18848/08 Page numbers could be confined to only a portion of the property to generate the outstandings. It is made clear that if any two consecutive instalments are defaulted, the benefit of this judgment shall stand recalled automatically and distress action shall follow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.