IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 W.P(C).No. 9212 of 2008(V) -------------------------------- PETITIONER: -------------- SANAJ.M.SHAJI, AGED 28 YEARS, S/O P.M.SHAJI,RESIDING AT ANJILIPARAMBIL NEAR PANKAJ THEATRE, P.H.WARD, ALAPPUZHA DIST., REP BY POWER OF ATTORNEY HOLDER, MANU M.SHAJI, AGED 26, S/O P.M.SHAJI, RESIDING AT ANJILIPARAMBIL NEAR PANKAJ THEATRE, P.H.WARD, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: ----------------- 1. THE INDIAN BANK, ALAPPUZHA. 2. THE MANAGER, INDIAN BANK, ALAPPUZHA. 3. THE AUTHORISED OFFICER, INDIAN BANK, ALAPPUZHA. BY ADV. SRI. S. EASWARAN, SC FOR BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 9212 OF 2008 V ==================== Dated this the 25th day of March, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P2, a sale notice published by the respondent Bank for the disposal of the properties mortgaged by the petitioner as security for availing of loan from the 1st respondent. As is seen from Ext.P2, tenders have been invited and is due for opening on 28/3/2008 and it is at that stage the writ petition has been filed. Considering the fact that the counsel confines his request only for an instalment facility for discharging the liability, this writ petition is disposed of with the following directions. 1) If the petitioner remits 50% of the amount due on or before 27/3/2008, the respondents shall defer opening of the tenders received in response to Ext.P2. 2) It will thereafter be open to the petitioner to settle the balance amount in four equal monthly instalments payable on the 30th of every succeeding month, starting from April, 2008. 3) Subject to payment as above, proceedings will stand deferred and in case default is committed, the Bank will be free to continue the action. ANTONY DOMINIC,JUDGE. Rp