IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 30009 of 2009(U) -------------------------- PETITIONER(S): --------------------- THOMMI VARKEY, KODUTHUSSERY HOUSE, AMARAVATHY P.O., KUMILY, IDUKKI DISTRICT. BY ADV. MR.G.HARIHARAN SRI.SHINE VARGHESE RESPONDENT(S): ----------------------- 1. IDUKKI DISTRICT CO-OPERATIVE BANK LTD., KUMILY BRANCH, REPRESENTED BY ITS BRANCH MANAGER. 2. SPECIAL SALE OFFICER, IDUKKI DISTRICT CO-OPERATIVE BANK LTD., IDUKKI. BY P.C. SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 30009 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 23rd October, 2009. J U D G M E N T The petitioner defaulted repayment of loan amounts due to the 1st respondent-Bank. The respondents have initiated coercive recovery proceedings for recovery of the same, which has resulted in Ext. P1 notification for sale of the mortgaged properties. The petitioner is challenging the said proceedings. However, the petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks a reasonable time to pay off the amounts in instalments. 2. This is opposed by the learned counsel appearing for the 1st respondent, who would submit that it is after being satisfied that the petitioner will not pay the amounts that the recovery proceedings have been initiated. 3. After hearing both sides, I feel that the 1st respondent can show some more leniency to the petitioner in the matter of payment of amounts in instalments. Accordingly, the writ petition is disposed of with the following directions: The petitioner shall pay an amount of Rs. 1 lakh within one month from today. The balance amounts due shall be paid in 5 equal monthly instalments starting from 1-1-2010. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the initial amount and the instalments on the due dates without default, further coercive proceedings for recovery of the amount shall be kept in abeyance. However, if the petitioner commits default in payment of either the initial amount or W.P.C. No. 30009/2009 -: 2 :- the instalments on the due dates, it would be open to the respondents to continue proceedings in accordance with Ext. P1, without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.