IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 37306 of 2008(N) --------------------------------------------- ARC.1703/2005 of M.C., PARAPPANANGADI .................... PETITIONER: KALATHINGAL ABOOBACKER, AGED 49, S/O MUHAMMED, ULLANAM AMSOM DESOM, P.O. ULLANAM NORTH, MALAPPURAM DIST. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT: THE PARAPPANANGADI CO-OPERATIVE BANK LTD. NO.2302, P.O. PARAPPANANGADI, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.37306 of 2008 N -------------------------- JUDGMENT Heard counsel for the petitioner. According to the counsel for the petitioner, petitioner has already paid Rs.1,43,000/- and the balance amount due will be less than Rupees One lakh and if either Exhibit P3 scheme or Exhibit P4 Scheme is made applicable, the entire debt or at least a major portion of the debt will stand cleared off and what has already been paid will itself be more than the amount that may have to be paid by the petitioner towards the debt and that therefore, the execution proceedings initiated by the respondent/Bank is without authority and has to be quashed. 2. The benefits, if any, available to the petitioner either under Exhibit P3 scheme or under Exhibit P4 scheme is something which the petitioner has to apply for and obtain from the appropriate authorities. He has not done anything till date. If at all he wants to avail of any benefit under WPC 37306/08 2 those schemes, if such benefit is available to him, he has to do the needful approaching the appropriate authorities and the relief of getting the execution proceedings quashed from this Court is not available to the petitioner. However, with a view to enable the petitioner to move the appropriate authorities and to obtain relief, some breathing time is granted to him. Hence, I order that sale shall stand adjourned to 31.3.2009. In case the petitioner is not moving the appropriate authorities and getting orders, the proceedings in execution shall proceed from the stage at which it stands at present. Counsel for the petitioner is directed to produce a copy of this judgment before the execution court with notice to the counsel for the respondent/decree holder in the court below, as this writ petition is being disposed of without notice to the respondent and to enable the court to abide by the directions in this judgment. WPC 37306/08 3 This writ petition is disposed of with the above directions. Issue copy of this judgment to the counsel for the petitioner urgently. 17th December, 2008 (K.P.Balachandran, Judge) tkv