IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 33494 of 2008(K) -------------------------------------- PETITIONER(S): -------------------- MADHUSOODANAN NAIR, S/O KESAVAN PILLAI, AGED 56 YEARS, ANCHIL VEEDU, KADAMPURATHU, THAKAZHI.P.O, ALAPPUZHA. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): ------------------------ 1. THE VIJAYA BANK, THIRUVALLA BRANCH, VENGAL BUILDING, CROSS JUNCTION THIRUVALLA, KERALA-689101. 2. THE AUTHORISED OFFICER AND CHIEF MANAGER VIJAYA BANK, REGIONAL OFFICE, R & R SECTION, I ST FLOOR, JOSE ANNEXE, JOSE JUNCTION, M.G.ROAD, ERNAKULAM. BY ADV. SRI.K.ANAND, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.33494 of 2008 ================================== Dated this the 13th day of November, 2008. JUDGMENT Petitioner availed a facility from the first respondent. He failed to repay. Later, he obtained Ext.P1 judgment from this Court granting him facility to repay in instalments. He did not abide by that. The bank ultimately took up sale proceedings. The sale is listed to tomorrow. Petitioner, in the meanwhile, states that, as of now, he has paid an amount of Rs.8.5 lakhs, while the total amount claimed is just around Rs.9.20 lakhs. Under such circumstances, this writ petition is ordered directing that the bank will give a benevolent consideration to the request of the petitioner in Ext.P5 and pending such consideration, the opening of the tenders will stand deferred for a period of four weeks, so that the bank can take a decision and communicate to the WPC33494/08 -:2:- petitioner, who shall abide by that decision and pay the remaining amounts also. If the petitioner fails to pay the balance portion, the impugned sale will be finalized. This writ petition is ordered accordingly repelling all other contentions. Thottathil B.Radhakrishnan, Judge. sl.