IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 8810 of 2009(U) ------------------------------------ PETITIONER(S): ---------------------- V.SHAMSUDEEN, S/O.V.ABOOBACKER, PROPRIETOR, JAMEELA OFFSET PRINTERS, KACHERIPADI, VARAGOTTU HOUSE, COURT ROAD, MANJERI. BY ADV. SRI.R.SUDHEESH KUMAR SRI.SUNIL KUMAR A.G RESPONDENT(S): ------------------------- 1. STATE BANK OF INDIA MANJERI BRANCH, MANJERI. 2. THE TAHSILDAR, TALUK OFFICE ERNAD TALUK, MANJERI. 3. DEPUTY TAHSILDAR (RR), TALUK OFFICE ERNAD, MANJERI. R1 BY STANDING COUNSEL SRI.R.S.KALKURA. R2 & R3 BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No. 8810 of 2009-U ---------------------------------------------- Dated, this the 20th day of March, 2009 J U D G M E N T Petitioner challenges Ext.P2. Ext.P2 is the revenue recovery notice for sale of certain movables. 2. I heard learned counsel for the petitioner and Sri.R.S.Kalkura, learned standing counsel for the respondent Bank. In fact, Ext.P1 itself shows that the petitioner is given 45 instalments to repay the amount. Admittedly, it is not repaid. However, the petitioner seeks time. Sri.R.S.Kalkura, learned standing counsel opposed the prayer saying that though the petitioner was given instalment facility, the amount was not repaid and he cannot avoid the sale. However, I feel that petitioner can be given one more opportunity to clear the arrears. Accordingly, the writ petition is disposed of as follows: Proceedings pursuant to Ext.P2 will be kept in abeyance on condition that the petitioner deposits Rs.60,000/- (Rupees sixty thousand only) before the time of sale mentioned in Ext.P2 and repays the balance amount with due WPC No. 8810/2009 -2- interest in three equal monthly instalments, the first of which shall be paid on or before 30.4.2009. The further instalments shall be paid on or before the 30th day of the succeeding months. If the petitioner remits Rs.60,000/- as aforesaid ,the first respondent will intimate the petitioner the exact amount of instalments to be paid by the petitioner within a period of two weeks from the date of payment of Rs.60,000/-. It is made clear that if the petitioner does not remit Rs.60,000/- as aforesaid or any of the instalments, the petitioner will loose the benefit of this judgment and the Bank is free to proceed against the petitioner in accordance with law. The writ petition is disposed of as above. (K.M.JOSEPH) JUDGE. MS