IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 18998 of 2009(T) -------------------------- PETITIONER(S): --------------- SUGATHAN, S/O. LATE KITTA, KALYANAPETTA, KANNIMARI P.O., CHITTUR TALUK, PALAKKAD DIST. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): --------------- 1. CHITTUR PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT, BANK - P 619,P.O. CHITTUR, PALAKKAD DIST.REP. BY ITS SECRETARY. 2. THE SALE OFFICER, CHITTUR PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT, BANK P.619, P.O. CHITTUR, PALAKKAD DIST. MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.18998 of 2009 --------------------------------- Dated, this the 7th day of July, 2009 J U D G M E N T The petitioner availed of a loan of Rs.50,000/- from the 1st respondent Bank, way back in 1999. Default was committed, and the proceedings for recovery have reached the stage of Ext.P1 notice proposing sale of the mortgaged property. The sale is scheduled to take place on 14/07/2009, and it is at that stage, this writ petition is filed. 2. The learned counsel for the petitioner submits that the liability shown in Ext.P1 is Rs.1,05,497/- with interest, and that subsequent to the said notice, the petitioner has already paid an amount of Rs.12,000/-. The learned counsel pleads that an instalment facility be granted in order to enable the petitioner to pay off the dues under Ext.P1. 3. The learned standing counsel for the respondents also has been heard. 4. Although, the learned standing counsel for the WP(C) No.18998/2009 -2- respondent Bank opposes the prayer made, I feel, having regard to the financial stringency highlighted by the petitioner, the petitioner should be allowed yet another opportunity to liquidate the liability and thus save the mortgaged property from a distress sale. 5. Having regard to the above, this writ petition is disposed of with the following directions:- That the petitioner shall be permitted to pay the balance amount due to the respondent Bank in six equal monthly instalments. The first instalment shall be paid on or before 30/07/2009 and the subsequent instalments shall be paid on or before 30th of every succeeding month. Subject to payment as above, further proceedings pursuant to Ext.P1 will stand deferred, and in case any default is committed in paying the instalments as above, the respondent bank will be free to continue the proceedings. 6. The petitioner shall produce a copy of this judgment before the respondent Bank for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg