IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 28TH MAY 2007 / 7TH JYAISHTA 1929 WP(C).No. 9454 of 2007(A) ------------------------- PETITIONER: ------------ MATHEW K.V., S/O.VARGHESE, KIZHAVANCHIYIL, POONJAR P.O., KOTTAYAM DT. BY ADV. SRI.LATHEESH SEBASTIAN SRI. BABY THOMAS RESPONDENTS: ------------- 1. THE MEENACHIL CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., PALA REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL SALE OFFICER, THE MEENACHIL CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., PALA. BY ADV. SRI.SUNIL CYRIAC,SC,MEENACHIL CO-OP.ARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1 COPY OF THE DEMAND NOTICE DTD. 12-12-2006 EXT.P2 COPY OF THE RECEIPTS DTD. 30-06-06 EXT.P3 COPY OF THE TREATMENT CERTIFICATE OF THE PETITIONER'S SISTER EXT.P4 COPY OF THE AUCTION SALE NOTICE DTD. 20-1-07 EXT.P5 COPY OF THE SALE ADVERTISEMENT IN MANGALAM DAILY EXT.P6 COPY OF THE REPRESENTATION FOR ONE TIME SETTLEMENT. /True Copy/ PA to Judge. K.M.JOSEPH, J. ------------------------------------------ W.P.(C).No.9454 of 2007 -------------------------------------------- Dated this the 28th day of May, 2007 JUDGMENT Petitioner borrowed money from the first respondent which he could not repay. Petitioner challenges Exts.P1, P4 and P6 to the extent it affect the petitioner and seeks a direction to the respondents 1 and 2 to grant one time settlement facility to the petitioner to remit the amounts due to them. 2. I heard learned counsel for the petitioner and the learned counsel for the bank. 3. Learned counsel for the bank submits that it is not open to the bank to extend the benefit of one time settlement. Learned counsel for the petitioner submits that petitioner may be permitted to pay off the entire amounts in easy installments. The writ petition is disposed of permitting the petitioner to pay off the entire amounts remaining to be paid in ten equal WPC No.9454/07 2 monthly installments, the first of which shall be payable on or before 30/06/2007. If any of the installments are not paid, it is open to the bank to enforce its right in accordance with law. K.M.JOSEPH JUDGE sv. WPC No.9454/07 3