IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 9092 of 2008(G) ------------------------- PETITIONER: ------------- A.K.S.SARAVANAN, AGED 37 YEARS, S/O.A.K.SUBRAMANIAN, BUSINESS, 1-A-1, SARAVANA ILLOM, MAHADEVA PURAM, METTUPPALAYAM - 641 305, TAMIL NADU. BY ADV. SRI.P.B.SURESH KUMAR SRI.K.N.SASIDHARAN NAIR RESPONDENTS: ----------------- 1. RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, (KERALA & LAKSHADWEEP), 8TH FLOOR, K.S.H.B. BUILDING, PANAMPILLY NAGAR, COCHIN - 682 036, KERALA. 2. INDIAN BANK, M.G.ROAD BRANCH, ERNAKULAM, REPRESENTED BY ITS MANAGER. BY ADV.SRI.S.SREEKUMAR, SC, I.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------------------------- W.P.(C) No. 9092 OF 2008 ----------------------------------------------- Dated this the 18th day of March, 2008 JUDGMENT The petitioner is an auction purchaser of the property sold in pursuance to Ext.P1. It is stated that the initial payment of 25% was made on 27.02.08 and the balance ought to have been paid by 13.03.08. Petitioner submits that though the entire balance amount was paid on 14.03.08, the same has been returned on account of delay of one day. Therefore, the Writ Petition has been filed for compelling acceptance of payment. 3. Learned counsel for the petitioner refers to a judgment of this Court in WPC No. 33939 of 2005, in which a learned Judge of this Court has directed that the delay be excused and payment be accepted on condition that the petitioner remits the entire outstandings with interest at 21% per annum till the date of remittance. Since the judgment referred to above squarely covers the issue in favour of the petitioner, I dispose of this writ petition directing that the petitioner shall pay the entire balance amount on 19.03.08. It is also directed that for the delayed period, the WPC No. 9092 OF 2008 2 petitioner will be liable to pay interest at 21% per annum till the date of payment, as directed by the learned judge in the aforesaid judgment. The Writ Petition is disposed of accordingly. ANTONY DOMINIC, JUDGE ttb WPC No. 9092 OF 2008 3