IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 31045 of 2008(U) ------------------------------------- OA.86/2000 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER(S): ---------------------- N.MOOSA, AGED 47 YEARS S/O MOHAMMED, 1/B2, PANKAJ APARTMENT CORPORATION OFFICE ROAD, KOZHIKODE. BY ADV. SRI.S.RAMESH BABU RESPONDENT(S): ------------------------ 1. DHANALAKSHIMI BANK LIMITED, CALICUT MAIN BRANCH, CHINTHAVALAPPU 2. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL FOR KERALA & LAKSHADWEEP, 8TH FLOOR, KSHB BUILDING, PANAMPILLY NAGAR, ERNAKULAM. BY SRI. C.K.KARUNAKARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.31045 of 2008 ================== Dated this the 22nd day of October, 2008. J U D G M E N T The petitioner owes money to the 1st respondent- Bank, repayment of which has been defaulted by the petitioner. Coercive recovery proceedings were initiated by the respondents, which have reached the stage of sale of the mortgaging properties. The sale is posted for tomorrow. The petitioner challenges the sale proceedings. However, the petitioner now submits that the petitioner may be given facility to pay off the amounts in instalments. This is opposed by the Standing Counsel for the bank, who submits that the bank has been trying to conduct the sale of the properties for quite sometime. Every time when it is posted for sale, the petitioner would come with a promise of repayment and get the sale adjourned, but he would not keep the promise. Therefore he would submit that there is no point in protracting the sale any further since the petitioner is not likely to keep his promise or undertaking. 2. After considering the rival contentions, I am of opinion that some more leniency can be shown to the petitioner in the W.P(C)No.31045 of 2008 - 2 - matter of payment of the amounts in instalments. Accordingly, the writ petition is disposed of with the following directions: The petitioner shall pay an amount of Rs. 20 lakhs (Rupees twenty lakhs only) on or before 30.11.2008. The balance amount due shall be paid in five equal monthly instalments starting from 1.1.2009. Every subsequent instalment shall be paid on the first working day of every succeeding month. The respondents would be free to conduct the sale tomorrow. However, the sale shall not be confirmed. If the petitioner pays the initial amount of Rupees twenty lakhs and the subsequent instalments on the due dates, the sale shall be canceled. However, if the petitioner fails to pay either the Rupees twenty lakhs or any of the subsequent instalments on the due dates, it would be open to the respondents to confirm the sale and continue proceedings pursuant to the sale to be conducted tomorrow without having to issue any fresh notice or proceedings in that regard. S.SIRI JAGAN, JUDGE rhs