IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 28842 of 2008(H) -------------------------- PETITIONER: --------------- THANKAMMA VARGHESE, AGED 67 YEARS W/O.LATE T.J.VARGHESE, THOPPIL HOUSE KURUSUMMOODU P.O., CHANGANASSERY. BY ADV. SRI.R.SURAJ KUMAR RESPONDENTS: -------------------- 1. KERALA FINANCIAL CORPORATION THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. 2. THE BRANCH MANAGER KERALA FINANCIAL CORPORATION PAZHAMANNIL JESSY TOWERS,COLLEGE ROAD, PATHANAMTHITTA. 3. JOSSY VARGHESE, AGED 47 YEARS S/O. LATE T.J.VARGHESE, THOPPIL HOUSE KURUSUMMOODU P.O.,(BEHIND ST. THOMAS HOSPITAL) CHANGANASSERY. ADV. SRI.K.JAJU BABU,SC,KERALA FINANCIAL COR FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.28842 of 2008 -------------------------- Dated this the 10th November, 2008 J U D G M E N T The property which was mortgaged in favour of the Kerala Financial Corporation by the husband of the petitioner, who stood as guarantor for her son who had availed a loan from the Corporation was brought to sale by Corporation on 13.8.2008. Third party quoted an amount of Rs.57 lakhs as the highest bid for the said property. Sale is pending confirmation. In the meanwhile, the 3rd respondent, the petitioner’s son had approached this Court expressing willingness to pay the amount due and by judgment dated 4.9.2008 this court disposed of the writ petition in the following directions. “4. Accordingly, it is directed that the petitioner shall be permitted to pay the total amount of Rs.50 lakhs due with belated interest of 12.5% in five equal monthly instalments. The first instalment shall be paid on or before 30.9.2008 and the subsequent instalments will be paid on or before the 30th of every succeeding month. Subject to payment as above, further proceedings shall be kept in abeyance and in case the petitioner commits default it will be W.P ( C) No.28842 of 2008 2 open to the KFC to proceed with the confirmation and sale”. 2. It seems that the direction was not complied with and amount has not been paid. Petitioner approached this Court expressing her willingness to pay the amount of Rs.57 lakhs by order dated 29.9.2008. Submission made by the petitioner expressing her willingness to pay the amount in one installment was recorded and the standing counsel was directed to file a statement. 3. A statement has been filed on behalf of respondents 1 and 2. There is a specific allegation that the writ petition seems to be an attempt to delay the proceedings initiated by the Corporation. It is further stated that the balance outstanding in the loan account as on 1.10.2008 is Rs.206.26 lakhs. This statement was filed on 16.10.2008. There is no subsequent affidavit by the petitioner clearly affirming her willingness to pay the entire amount. 4. Learned counsel for the Corporation Mr.Jaju Babu submits that at any rate, both the petitioner and her W.P ( C) No.28842 of 2008 3 son will be given notice prior to the confirmation of sale. This will suffice to take care of the interests of the owners of the property. In these circumstances, I do not find my way to issue any other direction to the respondents. Accordingly, the writ petition is closed. (V.GIRI,JUDGE) ma W.P ( C) No.28842 of 2008 4 W.P ( C) No.28842 of 2008 5