IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 12073 of 2008(K) --------------------------------------- PETITIONER: ------------------- K.KADEESU, W/O.A.K.AHAMED, AGED 55 YEARS RESIDING AT 'KADEEJAS', MENAPROM, P.O.CHOKLI, KANNUR DISTRICT. BY ADV. SRI.V.RAJAGOPAL. RESPONDENTS: ------------------------ 1. INDIAN BANK, THALASSERY BRANCH, REPRESENTED BY THE MANAGER, INDIAN BANK,THALASSERY KANNUR DISTRICT. 2. THE AUTHORISED OFFICER/CHIEF MANAGER, INDIAN BANK, P.B.NO.23, FORT ROAD, KANNUR, KANNUR DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ====================================== WRIT PETITION NO. 12073 OF 2008 ====================================== Dated this the 10th day of April 2008 JUDGMENT Petitioner’s husband had availed of a loan from the respondent bank and committed default. The bank has initiated proceedings under the SARFAESI Act and Ext.P4 notice shows that the properties are scheduled to be sold on 23.4.2008. At this stage, the petitioner has filed this writ petition and the request made is only one for an instalment facility to discharge the liability. 2. I heard the learned counsel for the respondent bank who points out that it was only on account of the default that the bank had to initiate proceedings under the Act. 3. True, on facts, the bank cannot be faulted for the action that has been taken, but since the petitioner is only seeking an instalment facility to discharge the liability of her husband who is now abroad, I feel an opportunity should be given to the parties so that the mortgaged property could be saved from a distress sale. 4. Accordingly, the writ petition will stand disposed of directing that on or before 23.4.2008, the date on which the sale is now scheduled to take place, the petitioner shall remit 1/4th of the amount W.P.(C)12073/2008 2 due to the bank. Subject to such payment, further proceedings pursuant to Ext.P4 will stand deferred. It is also directed that the balance dues will be permitted to be paid in four equal monthly instalments. The first instalment will be payable on or before the 25th of May 2008 and the subsequent instalments will be payable on or before the 25th of every succeeding month. It is clarified that in case of any default committed by the petitioner or her husband in paying the instalments, the bank will be free to continue the proceedings without further notice. ANTONY DOMINIC, JUDGE css/