IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 9509 of 2008(F) ------------------------- PETITIONER: -------------- THOMAS, KURUVIKATTU HOUSE, KUZHITHOLU P.O. VANDANMEDE, UDUMBANCHOLA TALUK. BY ADV. SRI.BIJU MARTIN RESPONDENTS: ----------------- 1. THE AUTHORISED OFFICER, SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 (ING VYSYA BANK), REGIONAL OFFICE PARAPALLIL ARCHADE PANAMPALLY NAGAR, ERNAKULAM - 682 036. 2. ING VYSYA BANK LTD. REPRESENTED BY BRANCH MANAGER, PANAMPALLY NAGAR BRANCH, ERNAKULAM. BY SRI.R.S.KALKURA, SC FOR BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =================== W.P.(C) NO. 9509 OF 2008 - F =================== Dated this the 27th day of March, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P4 notice of sale published by the Bank for disposal of the property mortgaged for availing of a loan by the petitioner. Petitioner does not dispute the default or the liability as quantified. He only seeks an instalment facility to avert the sale that is now proposed. 2. I heard the counsel for the Bank also. 3. It is seen from Ext.P4 that tenders are already invited and are to be submitted before 15/4/2008. In view of this, I dispose of this writ petition directing that if the petitioner remits 1/3rd of the amount before 14/4/2008, the tenders received in response to Ext.P4 will not be opened. Thereafter, the petitioner shall pay the balance amount in two monthly instalments payable on or before, 15th of May and 15th of June, 2008. It is clarified that in case default is committed, the Bank will be free to continue the action that it has already initiated. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp