IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WP(C).No. 27166 of 2008(H) -------------------------- PETITIONER: ----------------- RAMACHANDRAN, S/O.UNNIRI, VELEKADU, CHAZHOOR, THRISSUR. BY ADV. SMT.S.MUMTAZ RESPONDENTS: ----------------------- 1. THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD, ANTHIKKAD BRANCH, REP.BY ITS SECRETARY, ANTHIKKAD THRISSUR. 2. THE SPECIAL SALE OFFICER, THRISSUR DISTRICT C0-OPERATIVE BANK, HEAD OFFICE, THRISSUR. 3. STATE OF KERALA, REP.BY THE SECRETARY TO GOVT.CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADVS. SRI. V.G. ARUN & T.R. HARI KUMAR, SC FOR R1& R2 GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------------------ W.P.(C) NO. 27166 OF 2008 (H) ------------------------------------------------------------------ Dated this the 16th day of September, 2008 J U D G M E N T Heard the learned counsel for the petitioner and Adv.Sri.T.R.Harikumar, the learned standing counsel, for respondents 1 and 2. 2. In this case, the petitioner defaulted in repaying the loan availed from the first respondent and the property was sold in auction and bid by the bank. The sale has not been confirmed. This means that the petitioner can apply to the sale officer to have the sale set aside. But without taking recourse to such procedure, the petitioner seeks an opportunity to pay off the outstandings in instalments. Though there is no jurisdictional error or legal infirmity in the impugned proceedings, since the bank itself is the auction purchaser and its interest is only to ultimately reach at the W.P.(C) No.27166/2008 - 2 - amounts due to it, it is directed that the impugned sale shall not be confirmed, if the petitioner remits the entire outstandings due to the bank, to have the sale set aside in four instalments payable on or before the last working day of every month, commencing from September, 2008. If there is default in remitting any of the afore-directed instalments, the benefit of this judgment will stand recalled automatically and the sale shall be confirmed. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/16/9