IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 19699 of 2008(T) --------------------------------------- PETITIONER: ------------------- A.KUMARESAN, S/O APPAVU PILLAI, AGED 74 YEARS, RESIDING TC 38/525, CHENTHITTA, THYCAUDU VILLAGE, TRIVANDRUM DISTRICT. BY ADV. SRI.M.RAMESH CHANDER. RESPONDENTS: ----------------------- 1. SOUTH INDIAN BANK LIMITED, HAVING ITS REGISTERED OFFICE, AT THRISSUR, AND BRANCH AMONG OTHER PLACES AT CHALAI, THIRUVANANTHAPURAM - 695 036. 2. K.KRISHNAKUMAR, S/O A. KUMARESAN, PROPRIETOR, M/S KRISHNA ENTERPRISES, CHOORAKATTUPALAYAM, TC 38/525, CHENTHITTA, THIRUVANANTHAPURAM. ADV. SRI.K.K.JOHN, S.C, FOR R1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.19699 Of 2008-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of August, 2008. JUDGMENT 1.The petitioner is the second defendant in a proceedings initiated by the first respondent for recovery of amounts. On the strength of that claim, the Debts Recovery Tribunal was moved by the first respondent for action. The petitioner challenges the listing of the matter for sale. Following the interim order dated 4-7-2008, the petitioner has paid an amount of Rs.5 lakhs by now. This means, the remaining portion will be an amount of around Rs.12 lakhs, as of now. 2.Having heard learned counsel for parties, I do not find any legal impediment in proceeding with the impugned sale. There is no legal infirmity or jurisdictional error in the impugned proceedings. WP(C)19699/2008 -: 2 :- Faced with the aforesaid situation, the learned counsel for the petitioner requested that his client may be provided a last opportunity to wipe off the entire outstandings. Accordingly, this writ petition is ordered directing that further sale proceedings shall stand adjourned by four months on condition that the petitioner remits at the rate of Rs.3 lakhs per month payable on or before the last working day of every month commencing from August, 2008 and thereby wipes off the entire outstandings. On payment of three instalments, the bank will give a statement of then remaining outstandings. If there is default in remitting any of the instalments as aforesaid, the benefits of this judgment shall stand recalled automatically and the writ petition will stand dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/120808