IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 1861 of 2009(V) --------------------------------------- PETITIONER(S): ------------------------- SHANMUGHAN, AGED 51, S/O.VELAYUDHAN PULICKAL HOUSE, VALAPPAD BEACH PO, VALAPPAD. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): --------------------------- 1. THRISSUR DISTRICT CO-OPERATIVE BANK LTD., REP. BY ITS SECRETARY, SAHAKARANA SATABDHI MANDIRAM, TUDA ROAD, THIRUVAMPADY PO, THRISSUR. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, ARBITRATOR CUM SPECIAL SALES OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., TUDA ROAD, THIRUVAMPADY PO, THRISSUR. *ADDL.R3 & R4 ARE IMPLEADED: R3. DEVADATHAN, S/O.PADMANABHAN, PULICKAN HOUSE, VALAPPAD BEACH P.O. R4. SEETHA, W/O.DEVADATHAN, PULIKKAN HOUSE, VALAPPAD BEACH P.O. (*ADDL.R3 & R4 ARE IMPLEADED AS PER ORDER DTD.20/01/2009 IN I.A.NO.941/09) ADV. SRI. P.C. SASIDHARAN, SC, TCR DIST.CO-OP.BANK LTD.FOR R1&R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.1861 OF 2009 ------------------------------------------- Dated this the 20th day of January, 2009 JUDGMENT 1. Having argued the matter for quite some time, learned counsel for the petitioner confines the submissions to a request that the sale may be deferred to provide an opportunity for the petitioner to avail any facility by way of reduction in the total outstandings. Learned counsel for the respondent bank states that no such facility would be available under any scheme that is subsisting. The impugned sale was notified in May, 2008, following arbitration award under the Kerala Co-operative Societies Act, 1969. There is no jurisdictional error or legal infirmity in that. Hence, taking into consideration the request of the petitioner to defer the sale, it is directed that as of now, the impugned sale will be adjourned to 21.2.2009 and the respondent will be at liberty to hold it on that day, provided the petitioner does not pay an amount of Rs.2,00,000/- on or before 20.2.2009. If such amount is paid, the sale will again be adjourned to 31.3.2009 WPC.1861/09 2 to enable the petitioner to pay off the remaining outstandings on or before 30.3.2009, subject to any reduction that the bank may give on any written request that the petitioner may make immediately following the deposit of Rs.2,00,000/- as directed above. The writ petition is ordered accordingly. This judgment is being issued since the learned counsel for the petitioner has stated that the sale is scheduled to be held tomorrow and if it has take place by now, it will take its course. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb. // True copy // P.A. to Judge.