IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 28993 of 2009(T) -------------------------- PETITIONER(S): --------------- SMT.SAROJINI, AGED 66 YEARS, W/O.KOCHUKUTTAN, VADAKOOT HOUSE, KUNDUKUZHI PADAM, KUTTICHIRA, THRISSUR DISTRICT. BY ADV. SRI.C.D.DILEEP RESPONDENT(S): --------------- 1. IRINJALAKUDA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK IRINJALAKUDA, THRISSUR, REP.BY ITS SECRETARY. 2. SPECIAL SALE OFFICER, IRINJALAKUDA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, IRINJALAKUDA, THRISSUR. 3. JOINT REGISTRAR, CO-OPERATIVE SOCIETIES (GENERAL) THRISSUR. ADV. SRI.V.G.ARUN FOR R1 SRI.T.R.HARIKUMAR FOR R1 GOVT. PLEADER SRI. MUHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 28993/2009 ------------------------------------------------------------------- EXT.P1 TRUE COPY OF PASS BOOK. EXT.P2 TRUE COPY OF DISCHARGE CERTIFICATE. EXT.P3 SALE PROCLAMATION DT. 7-9-2009. EXT.P4 TRUE COPY OF SALE NOTIFICATION. EXT.P5 REPRESENTATION DT. 11-10-2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 28993 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th October, 2009. J U D G M E N T The petitioner borrowed loan amounts from the 1st respondent- Bank in 2008. She committed default in remitting instalments of repayment of the loan. The respondents have initiated coercive recovery proceedings for recovering the loan amount, which have culminated in Ext. P4 sale notice. The petitioner is challenging Ext. P4 sale notice. 2. According to the petitioner, the repayment period is for a period of 10 years and simply because the petitioner committed default in payment of some instalments, the petitioner cannot be visited with the extreme step of sale of her properties for recovery of the entire loan amount. She therefore seeks facility to regularise the loan account by paying the defaulted instalments and to continue payment of the regular instalments as per the loan agreement on the due dates. 3. This is opposed by the counsel appearing for the bank. The counsel would submit that the petitioner has been given sufficient opportunity to pay the defaulted instalments, which the petitioner has failed to pay and therefore the petitioner is not entitled to any indulgence by this Court. The counsel also submits that the amounts required for regularising the loan account is approximately Rs. 2,20,000/-. 4. After hearing both sides, I am of opinion that the 1st respondent can show some more leniency to the petitioner. Accordingly, the writ petition is disposed of with the following directions: The petitioner shall pay the amounts required to regularise the loan account, in two equal instalments payable on 4-11-2009 and 20- 11-2009. If the petitioner pays the said amounts, the 1st respondent W.P.C. No. 28993/2009 -: 2 :- shall regularise the loan account and allow the petitioner to continue to pay the instalments of repayment of loan on the due dates as per the loan agreement. If the petitioner pays the amount required for regularising the loan account as directed above, and the instalments of repayment of the loan on the due dates as per the loan agreement without default, further proceedings pursuant to the sale notice shall be kept in abeyance. However, if the petitioner commits default in payment of either the amount required for regularising the loan account or any of the instalments of repayment of loan as per the loan agreement, it would be open to the respondents 1 and 2 to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/