IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 20168 of 2009(M) -------------------------- PETITIONER(S): --------------- SASANKAN, S/O.PAVITHRAN, SALINI MANDIRAM, PERAYAM, MULAVANA P.O., KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. THE KOLLAM CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. NO.Q 167, KOLLAM REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL SALES OFFICER, KOLLAM CO-OPERATIVE RURAL DEVELOPMENT BANK LTD. NO.Q 167, KOLLAM. ADV. SRI.C.UNNIKRISHNAN (KOLLAM) FOR R1-2 MR.K.C.SANTHOSHKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.20168 of 2009 --------------------------------- Dated, this the 21st day of August, 2009 J U D G M E N T The petitioner is aggrieved by Ext.P2 sale notice published by the respondent Bank, by which, the property, which was mortgaged by the petitioner, was scheduled to be sold for realising the dues that the petitioner owes to the Bank. The sale was schedule on 24/07/20009. But, it is now reported that the sale did not materialise on that date. 2. In this writ petition all that the petitioner seeks is an instalment facility to pay the amount due to the Bank. 3. I heard the learned counsel appearing for the respondent Bank, who opposes the claim pointing out the default that is committed. 4. Be that as it may, now that the petitioner is only seeking an instalment facility to discharge the debt, I am inclined to think that the petitioner can be given yet another opportunity to salvage his property from a distress sale. WP(C) No.20168/2009 -2- 5. Therefore, the writ petition is disposed of directing that the petitioner will be permitted to pay the balance amount due in six equal monthly instalments. The first instalment shall be paid on or before 29/08/2009, and the subsequent instalments shall be paid on or before 29th of every succeeding month. It is made clear that in case if the petitioner fails to make payment as above, it will be open to the Bank to continue the proceedings. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg