IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 8345 of 2009(K) ------------------------------------- PETITIONER: ------------------- K.KALLIYANI CHMBAN VAYAL, AGED 52 YEARS, W/O.V.V.KUNHIKANNAN, CHEMBEN VAYAL, VALANTHODU, KANHANGAD, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH. RESPONDENTS: ------------------------ 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KASARAGOD, KASARAGOD DISTRICT. 2. THE SECRETARY, THE HOSDURG PRIMARY CO-OP. AGRICULTURE AND RURAL DEVELOPMENT BANK LTD. NO. C.390, P.O.KANHANGAD, KASARAGOD DISTRICT. 3. SENIOR INSPECTOR/SPECIAL SALE OFFICER, THE HOSDURG PRIMARY CO-OP. AGRICULTURE AND RURAL DEVELOPMENT BANK LTD. NO.C.390, P.O.KANHANGAD, KASARAGOD DISTRICT. R1 & R3 BY GOVT. PLEADER SRI. P.M. MANOJ, R2 BY ADVS. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8345/2009-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PAGE IN THE PASS BOOK. EXT.P.2: COPIES OF THE DOCTOR'S PRESCRIPTION. EXT.P.2.A: COPIES OF THE DIAGNOSTIC AND CARDIO VISION REPORTS DTD. 26/07/2004 AND 31/07/2004 RESPECTIVELY. EXT.P.2.B: COPIES OF DISCHARGE SUMMARY OF ARIMALA HOSPITAL 14/08/2004. EXT.P.3: COPY OF THE AUCTION SALE NOTICE DTD. 22/01/2009 ISSUED BY THE R.3. EXT.P.4: COPY OF THE OTS APPLICTION DTD. 10/03/2009. EXT.P.5: COPY OF THE PETITON DTD. 12/03/2009 TO THE R.1. JOINT REGISTRAR. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 8345 OF 2009 -------------------------- Dated this the 11th day of August, 2011 J U D G M E N T The petitioner availed a loan of Rs.40,000/- from the second respondent society. When she committed default in repayment of the loan, the bank took steps to bring the security to sale by invoking the provisions of the Kerala State Co-operative Agriculture and Rural Development Banks Act, 1984. Ext.P3 sale notice dated 22.1.2009 was thereupon issued proposing to sell the property mortgaged by the petitioner as security for the loan on 18.3.2009. In the sale notice it was stated that as on 9.1.2009 the sum of Rs.1,45,296/- was due from the petitioner. The petitioner thereupon moved this Court contending that she is suffering from a very serous ailment and is not in a position to pay the amount in lump. Taking note of that fact, this Court passed an interim order on 16.3.2009 staying the sale proposed to be held on 18.3.2009 for a period of one month on condition that the petitioner shall remit the sum of Rs.10,000/- before the date fixed for sale. The petitioner deposited the said amount of Rs.10,000/- before the date fixed for sale. When the writ petition came up for further hearing on 8.4.2009 this Court extended the interim order of stay earlier granted until further orders subject to the condition that the petitioner shall deposit the entire balance amount in instalments of Rs.20,000/- per month on or before the 20th of every month WPC No.8345./2009 2 commencing from April, 2009. 2. When the writ petition came up for further hearing today, learned counsel appearing for the petitioner submitted that pursuant to that interim order the petitioner could remit only the first instalment of Rs.20,000/- and on account of her ailment she could not raise the requisite funds to deposit the subsequent instalments. The learned counsel appearing for the second respondent submitted that the petitioner has deposited the sum of Rs.30,000/- in all after Ext.P3 sale proclamation was issued and that as on 31.12.2010 the amount due from the petitioner is Rs.1,49,234/- and that interest on the said amount from 1.1.2011 is also due. The learned counsel appearing for the petitioner submitted that the petitioner will pay the balance amount due in instalments. The learned counsel appearing for the second respondent did not oppose the said request. In such circumstances, having regard to the seriousness of the petitioner's ailment, I dispose of the writ petition with the following directions: (i) The petitioner shall pay the sum of Rs.1,49,234 due as on 31.12.2010 in seven equal monthly instalments. The first instalment shall be remitted on the 1st of September, 2011. The remaining instaments shall be remitted on the first of every succeeding English calendar month commencing from October 2011 ending with March, 2012. (ii) If the petitioner commits default in remitting any two consecutive WPC No.8345./2009 3 instalments, It will be open to the second respondent bank to initiate steps to bring the security to sale. (iii) If the petitioner deposits the sum of Rs.1,49,234/- in instalments within the time stipulated above, the bank shall inform the petitioner in writing of the balance amount due from the petitioner by way of interest for the period commencing from 1.1.2011. The petitioner shall upon receipt of the intimation, deposit the same within another period of two months from the date of receipt of the communication regarding the balance amount payable by her. (iv) Needless to say, the bank shall while computing the amount payable by way of interest for the period from 1.1.2011 consider the periodical payments made by the petitioner pursuant to this judgment. P.N.RAVINDRAN, (JUDGE) vps