IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 26596 of 2011(Y) -------------------------- PETITIONER: --------------- K.R. PRASANNAKUMAR, PARTNER, M/S.JYOTHIS HARDWARES,KALLEMAKKAL, S.N.VIHAR,AMAYANNOOR P.O., KOTTAYAM. BY ADV. SRI.P.S.PRADEEP SRI.K.A.RIYAS RESPONDENTS: --------------- 1. THE MANAGER, DHANALAKSHMI BANK, KOTTAYAM BRANCH, KOTTAYAM-686 601. 2. RECOVERY OFFICER, OFFICE OF THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, 8TH FLOOR, KSHB BUILDING, PANAMPILLY NAGAR, (KERALA STATE HOUSING BOARD BUILDING)KOCHI-682 036. SC. SRI.C.K.KARUNAKARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26596 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS : P1: TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 22.3.2006 P2: TRUE COPY OF THE JUDGMENT DATED 6.8.2009 IN WP(C) NO.22339/2009 OF THIS HON'BLE COURT. P3: TRUE COPY OF THE RECEIPTS DATED 31.8.2009 AND 29.9.2009 EVIDENCING THE PAYMENTS. P4: TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 4.3.2010 P5: TRUE COPY OF REPRESENATION DATED 15.9.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P6: TRUE COPY OF NOTICE PUBLISHED ON MATHRUBHUMI DAILY DATED 14.9.2011 RESPONDENT'S EXHIBIBITS : NIL RKC //True copy// PA to Judge S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.26596 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of October, 2011 J U D G M E N T The petitioner is a defaulter of repayment of loan amount due from him to the 1st respondent. The respondents initiated recovery proceedings through the Debts Recovery Tribunal. The petitioner's properties were brought to sale. The petitioner's sister-in-law earlier approached this court by filing W.P.(C) No.22339/2009 and obtained Ext.P2 judgment for considering the claim for One Time Settlement. That was considered and One Time Settlement amount was fixed. But the petitioner did not pay the entire amount leaving a balance of Rs.2 lakhs. The bank has now again initiated proceedings for sale of the mortgaged properties for recovery of balance loan amount with interest. It is under the above circumstances, the petitioner has filed this writ petition. The petitioner now only seeks time to pay off the balance amount due and to stay further proceedings in the meantime. W.P.(C)No.26596 of 2011 -2- 2. This is opposed by the counsel for the bank who submits that, the sale is fixed for today and as such the proceedings cannot be stalled now. 3. I have considered the rival contentions in detail. Taking a lenient view, I direct that if the petitioner pays the entire balance amounts due within one month from today, the sale shall not be confirmed. If the petitioner does not pay the amount within one month, the bank can continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/