IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 25528 of 2008(L) -------------------------- PETITIONER: ---------- PALLI ABOOBACKER MUSALIAR, S/O.UNNEEN VENGOOR, PALLI VEEDU, POST CHEMMANIYODE MELATTOOR, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: ------------ 1. THE URBAN CO-OPERATIVE BANK LTD. NO.1758, PERINTHALMANNA, P.B.NO.10, HEAD OFFICE, PERINTHALMANNA, PIN – 679 322, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PERIINTHALMANNA, MALAPPURAM DISTRICT. 3. KERALA AGRICULTURAL DEBT RELIEF COMMISSION, THYCAUD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 4. THE SPECIAL SALE OFFICER/SENIOR INSPECTOR, THE URBAN CO-OPERATIVE BANK LTD. NO.1758, PERINTHALMANNA, O/O THE ASSISTANT REGISTRAR (GENERAL), PERINTHALMANNA, MALAPPURAM DISTRICT. 5. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R2 TO R5 BY SR.GOVT.PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.25528 of 2008-L = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of August, 2008. JUDGMENT 1.Having regard to the nature of the directions being issued hereunder, notice to respondents 1 and 4 is dispensed with preserving right to move for review of this judgment, if aggrieved. Learned Senior Government Pleader takes notice for respondents 2 and 5. Notice to the third respondent is dispensed with. 2.Petitioner availed a loan from the first respondent and suffered an arbitration award and is facing Ext.P4 notice for sale. He challenges those proceedings on the ground that due procedure has not been adopted. However, on hearing the learned counsel for parties, nothing worth a challenge is pointed out and the learned counsel for the petitioner, ultimately, giving up WP(C)25528/2008 -: 2 :- all other contentions and all other alternate remedies, confines the submissions to a request that the petitioner may be given an opportunity to pay off the entire amounts in instalments, having regard to Ext.P5 representation. In the aforesaid circumstances, this writ petition is ordered directing that the impugned sale will stand deferred, if the petitioner deposits the entire outstandings in eight equal monthly instalments payable on or before the 10th of every month commencing from September, 2008. If there is default in remitting any of the instalments as afore-directed, the benefits of this judgment will stand recalled and the writ petition will stand dismissed automatically. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/260808