IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 26374 of 2009(N) -------------------------- PETITIONER(S): --------------- C.P.RAMESH, AGED 43, S/O.VASU, CHALAKKAPARAMBIL HOUSE, PACHATHIRI AMSOM, PARIYAPURAM DESOM, POST PACHATHIRI, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADVS. MR.K.RAMACHANDRAN MR.S.SREEDEV RESPONDENT(S): --------------- 1. TIRUR URBAN CO-OPERATIVE BANK LTD, TIRUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. ASSISTANT REGISTRAR (GENERAL) FOR CO-OPERATIVE SOCIETIES, TIRUR, MALAPPURAM DISTRICT. 3. THE SALE OFFICER, TIRUR CO-OPERATIVE BANK LTD., TIRUR, MALAPPURAM DISTRICT. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, MINISTRY OF CO-OPERATION, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER MR. K.S.MOHAMMED HASHIM ADV. MR.M.SASINDRAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26374 of 2009(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - THE TRUE COPY OF THE REPORT OF AUCTION PROCEEDINGS CONDUCTED BY THE FOURTH RESPONDENT DATED 20.7.2006. EXT.P2 - THE TRUE COPY OF THE ORDER OF THE ASSISTANT REGISTRAR (GENERAL) FOR CO-OPERATIVES SOCIETIES, TIRUR, MALAPPURAM DISTRICT DATED 5.8.2009 // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 26374 of 2009 ................................................. Dated this the 16th day of October, 2009 J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due from him to the 1st respondent Co-operative Bank. The respondents 1 to 3 have initiated coercive recovery proceedings, which is under challenge in this writ petition. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the balance amounts in installments. 2. I have heard the counsel for the 1st respondent also. The 1st respondent opposes the prayers. 3. I have considered the rival contentions in detail. 4. At the time of admission, I granted an interim stay on condition that the petitioner pays an amount of Rs. 2 lakhs within one month. It is admitted by the 1st respondent the said amount has been paid. I am of opinion that for payment of the balance, installment facility can be granted to the petitioner. Accordingly, this writ petition is disposed of with the following W.P(C) No. 26374 of 2009 -2- directions: Respondents 1 to 3 shall permit the petitioner to pay off the balance amounts due, in six equal monthly installments starting from 1.11.2009. Every subsequent installment shall be paid on the first working day of every succeeding month. If the petitioner pays the installments in time without default, further coercive proceedings shall be kept in abeyance. However, if the petitioner pays the installments as directed above, sale conducted for recovery of the amounts shall stand set aside. If the petitioner commits default in payment of any one of installments, it would be open to the respondents to continue proceedings pursuant to the sale, without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE rhs