IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 34090 of 2008(G) ----------------------------------------- PETITIONER(S): ------------------------ SUKUMARN, S/O.KORAKUTTY, KUNDUR HOUSE, P.O.,OORAKAM, THRISSUR DT. BY ADV. SRI.C.D.DILEEP RESPONDENT(S): --------------------------- 1. THRISSUR DISTRICT CO-OPERATIVE BANK, KOVILAKAMPADAM, THRISSUR, REP. BY ITS GENERAL MANAGER. 2. SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK, KOVILAKAMPADAM, THRISSUR. ADV. SRI. P.C. SASIDHARAN, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.34090 of 2008-G = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of November, 2008. JUDGMENT Petitioner faces Ext.P1 award under the KCS Act following failure to repay loan. This is followed by proceedings initiated in 2006 and distress action by way of Ext.P2 sale is listed tomorrow. Giving up all other contentions in view of the fact that there is no jurisdictional error or legal infirmity, the learned counsel for the petitioner confines the submissions to a request that the petitioner may be granted an opportunity to pay off the entire amounts in instalments and also for an opportunity to avail benefit, if any, in terms of any circular on which the bank will act. Therefore, repelling all contentions and ordering that the bank may, in its wisdom, consider the request of the petitioner for benefit of any circular, it is ordered that if WP(C)34090/08 -: 2 :- the petitioner remits an amount of Rs.50,000/- within one week and continues to remit at the rate of Rs.18,000/- per month payable on or before the 25th of every month commencing from December, 2008, the impugned sale will stand adjourned without the need for any fresh proclamation and will be held, if there is default in remitting any of the instalments as aforesaid. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/191108