IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 17092 of 2009(F) -------------------------- PETITIONER(S): --------------- MR.SHAIJAN, EZHUPULLIL HOUSE, KUMARANELLUR, WADAKKANCHERY, THRISSUR. BY ADV. SMT.MARY BEENA JOSEPH RESPONDENT(S): --------------- 1. THE MANAGER, THE COCHIN CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK, WADAKKANCHERY BRANCH. 2. THE SPECIAL SALE OFFICER, THE COCHIN CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK, THRISSUR. MR.V.G.ARUN, SC FOR THE RESPONDENTS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.17092 of 2009 --------------------------------- Dated, this the 19th day of June, 2009 J U D G M E N T The petitioner challenges Ext.P3 notice issued on 18/05/2009 scheduling the sale of the mortgaged property of the petitioner on 22/06/2009, for realising an amount of Rs.2,37,500/- as on 18/05/2009. The learned counsel for the petitioner contends that so far the petitioner has already paid more than Rs.2,75,000/-, and that therefore, the amount as quantified in Ext.P3 is incorrect. Reference is made in Ext.P2 pass book also. 2. Having regard to the fact that the loan was availed of way back in 2002, and as 14.5% interest is payable, on the materials produced, this Court is not in a position to pronounce on the accuracy or otherwise of the amount claimed in Ext.P3. Therefore, if at all, the petitioner had any such grievance, it was for the petitioner to have taken up the same before the Bank or the other authorities. 3. At this stage, it is pointed out by the learned standing counsel for the Bank that the Bank has introduced One Time WP(C) No.17092/2009 -2- Settlement Scheme, and therefore, it will be open to the petitioner to approach the Bank for the benefit of the same. 4. Taking into account the above, the writ petition is disposed of with the following directions:- That before 11.00 A.M. on 22/06/2009, the petitioner shall remit an amount of rupees one lakh, and on such condition, the sale scheduled as per Ext.P3 will stand deferred. If the petitioner makes payment as above, it will also be open to the petitioner to approach the Bank claiming the benefit of OTS Scheme now in vogue. In that event, keeping the sale in abeyance, the Bank shall consider his request, and pass orders thereon without any delay. If the decision of the Bank is to extend the benefit of the OTS Scheme, it is directed that the payment made by the petitioner pursuant to this judgment will be adjusted towards the dues from the petitioner. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg