IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 17466 of 2009(C) -------------------------- PETITIONER(S): ------------------ M.R.DILEEP, MARAMKUNNEL VEEDU, PARIYARAM P.O, KOTTAYAM. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): ------------------- 1. THE KOTTAYAM CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD, POST OFFICE ROAD, KOTTAYAM, REPRESENTED BY ITS SECRETARY. 2. SPECIAL SALE OFFICER, THE KOTTAYAM CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD, POST OFFICE ROAD, KOTTAYAM. SRI.T.R.HARIKUMAR, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/6/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 17466 OF 2009 (C) ===================== Dated this the 23rd day of June, 2009 J U D G M E N T The challenge in this writ petition is against Ext.P1, an auction notice issued by the 2nd respondent at the instance of the 1st respondent Bank for realising an amount of Rs.1,35,067/- and other charges that is due from the petitioner. In the writ petition, petitioner is not contesting the liability, but he is only pleading for a reasonable time to discharge the debt. I heard the counsel for the 1st respondent, who justifies Ext.P1 contending that the petitioner is a chronic defaulter. 2. As already stated, petitioner is not disputing the liability, but only seeks some time to discharge the liability so that he can save the property which is sought to be sold. 3. Having regard to the above, I dispose of this writ petition with the following directions. (1) That before 11 A.M on 24/6/2009, the petitioner shall remit an amount of Rs.30,000/- and subject to such remittance, the sale now scheduled as per Ext.P1 will stand deferred. (2) If the petitioner makes payment as above, the balance WPC 17466 /09 :2 : amount will be permitted to be paid in four equal monthly instalments, the first of which shall be paid on or before 30th of July, 2009 and the subsequent instalments on or before 30th of every succeeding month. (3) It is made clear that in case the petitioner commits default in paying anyone of the instalments as above, the Bank will be free to realise its debts by continuing the proceedings it has already initiated. ANTONY DOMINIC, JUDGE Rp