IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 14187 of 2009(P) -------------------------- PETITIONER(S): --------------- UNNIKRISHNAN, AGED 47 YEARS, S/O.NARAYANAN, EDACHALIL HOUSE, VALAPPAD VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): --------------- 1. SPECIAL SALE OFFICER, THE COCHIN CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD.NO.329, THRISSUR. 2. THE COCHIN CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD. NO.329, THRISSUR REPRESENTED BY ITS SECRETARY. ADV. SRI.V.G.ARUN FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, ALONG WITH WP(C) NO.14188/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.14187 & 14188 of 2009 --------------------------------- Dated, this the 28th day of May, 2009 J U D G M E N T The petitioners in these cases have availed of loans from the 2nd respondent Bank. Admittedly default was committed and in arbitration proceedings initiated, awards were passed in favour of the Bank. Execution Proceedings were initiated and now as per Exts.P1 in these writ petitions, mortgaged properties are scheduled to be sold on 30/05/2009. 2. In so far as WP(C) No.14188/2009 is concerned, as is seen from the notice, the liability outstanding is more than Rs.4,76,000/-. Similarly in WP(C) No.14187/2009, the liability is seen to be more than Rs.7,66,000/-. Apparently, realising that there is nothing on merits to be contested, the prayer sought in these writ petitions is to grant instalment factility to the petitioners, in order to enable them to discharge the liability and thus avoiding the sale of the mortgaged properties. 3. Taking into account the limited relief that is sought for, WP(C) Nos.14187 & 14188/2009 -2- notice was ordered to the respondents and learned counsel entered appearance today on behalf of the respondent Bank. It is pointed out that petitioners are confessed defaulters and that after giving several opportunities to enable them to discharge the liability, the Bank was compelled to proceed with the sale. 4. As already noticed, no contest is raised on merits and the only relief that is prayed for is one for an instalment facility. Having regard to the limited nature of the relief that is sought for and since it is the last endeavour of the petitioners to save the mortgaged properties, I am inclined to think that yet another opportunity could be extended to them, so that a distress sale can be avoided. 5. Taking into account the submissions thus made, these writ petitions are disposed of directing that on or before 30th of this month, if the petitioners in the writ petitions remit 1/4th of the amounts that are due, the sale pursuant to Exts.P1 notices in these writ petitions, shall be deferred. It is directed that if the aforesaid condition is satisfied, keeping the sale deferred, the petitioners will be permitted to discharge the balance liability in four equal monthly WP(C) Nos.14187 & 14188/2009 -3- instalments. The instalments will be payable on or before 30th of every succeeding months. Needless to say that in case default of any of the aforesaid conditions is committed, the respondent Bank will be free to continue the proceedings without further notice to the petitioners. These writ petitions are disposed of as above. (ANTONY DOMINIC, JUDGE) jg