IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 36122 of 2008(A) -------------------------------------- PETITIONER: ------------------ MOHAMMED ASHRAF @ ASHRAF.B.A, S/O.B.M.ABDUL RAHIMAN, BOVIKANAM HOUSE, MULIYAR.P.O, KASARAGOD DISTRICT. BY ADV. SRI.O.V.MANIPRASAD. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT REGISTRAR/ ARBITRATOR- CUM-SALE OFFICER, THE KASARAGOD DISTRICT CO-OPERATION BANK LTD, KASARAGOD.P.O, KASARAGOD DISTRICT. 3. THE KASARAGOD DISTRICT CO-OPERATION BANK LTD, KASARAGOD.P.O, KASARAGOD DISTRICT, REPRESENTED BY ITS GENERAL MANAGER. R1 & R2 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR, R3 BY ADV. SRI.M.SASINDRAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.36122 of 2008-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of December, 2008. JUDGMENT The petitioner availed a housing loan, defaulted in repayment and faces an arbitration proceedings under the KCS Act and suffered an award in proceedings initiated in 2006. In 2008, notice of demand was issued on an execution petition filed in 2007. The total amount due as on 18-9-2008 is Rs.2,45,400/-. After receipt of that notice, the petitioner deposited an amount of Rs.1 lac. After apportioning it towards interest and expenditure, an amount of Rs.42,479/- appears to have been credited as against the principal amount. Therefore, as on that day, all that remained was the principal amount of Rs.1,55,241/-. The only complaint of the petitioner is that Ext.P5 sale notice has been issued without reckoning the payment made as evidenced by Ext.P4. But, that by itself is not a ground since the ultimate WP(C)36122/08 -: 2 :- outstandings would be adjusted between the parties and any amount generated by the sale in excess of what is due would be paid to the petitioner. The sale has been adjourned, as of now. Hence, repelling the contentions of the petitioner, this writ petition is ordered directing that if he deposits at the rate of Rs.25,000/- per month payable on or before the last working day of every month commencing from December, 2008, the impugned sale will stand deferred enabling the petitioner to pay off the entire outstandings. If there is default in depositing any of the instalments as aforesaid, the benefits of this judgment will stand recalled and the writ petition will stand dismissed automatically enabling the respondents to forthwith proceed with the impugned sale, without fresh notice to the petitioner. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/121208