IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 W.P(C).No. 7429 of 2008(H) -------------------------------- PETITIONER: -------------- M.BASHEER,S/O.MOHAMMEDKANNU KAITHAKKONAM HOUSE, KATTAKADA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.TOM K.THOMAS RESPONDENTS: ----------------- 1. THE CHIEF MANAGER, STATE BANK OF INDIA ZONAL OFFICE, LMS COMPOUND THIRUVANANTHAPURAM - 695 033. 2. THE ASSISTANT GENERAL MANAGER STRESSED ASSETS RESOLUTION CENTRAL,STATE BANK OF INDIA,LMS COMPUND THIRUVANANTHAPURAM. 695 033. BY ADV. SRI. P.V. SURENDRANATH, SC FOR BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 7429 OF 2008 H ==================== Dated this the 10th day of March, 2008 J U D G M E N T In this writ petition, the properties have been notified for sale by Ext.P8 and the date now notified for sale is 18/3/2008. Though various factual disputes have been raised in the writ petition when the matter came up for hearing, learned counsel for the petitioner wanted to avoid the sale by making payment in instalments. 2. I heard the counsel for the Bank, who submits that as on 10/3/2008, the amount due from the petitioner towards both the loans is Rs.31,37,000/-. 3. Taking into account the willingness of the petitioner to pay the amount in instalments and on considering the submissions made by the counsel for the Bank, I dispose of this writ petition with the following directions. 1) The petitioner shall pay 25% of the total dues to the WPC 7429/08 :2 : Bank on or before 17/3/2008 and subject to such payment, the sale now notified by Ext.P8 will stand deferred. 2) Subsequently, the balance due will be paid by the petitioner in six equal monthly instalments. The first instalment will be payable before 17th of April, 2008 and the subsequent instalments will also be payable on the 17th of every succeeding month. 3) It is clarified that in case the petitioner commits default in paying any one of the instalments, the Bank will be free to continue the action that it has already initiated without further notice to the petitioner. ANTONY DOMINIC,JUDGE. Rp