IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 30250 of 2008(A) -------------------------- PETITIONER(S): --------------- PANKAJAKSHAN P.G., S/O GOPALAN, AGED 40 YEARS, PAINJAREKUTT HOUSE, KAIPAMANGALAM BEACH POST, KODUNGALLOOR, BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): --------------- 1. THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD., THRISSUR, REPRESENTED BY ITS SECRETARY. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETEIS/ARBITRATOR CUM SPECIAL, SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., THIRUVAMBADY POST, THRISSUR 680 022. R1 BY ADV.SRI.P.C.SASIDHARAN R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30250 OF 2008 ------------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT Heard learned counsel for the petitioner and learned counsel for the respondents. The petitioner availed a loan with a repayment period of 180 months. He did not repay it in time. Though the loan availed was for Rs.29,000/-, that too, for housing purpose, the same has now grown to be Rs.67,340/-, following the arbitration award and pending execution proceedings. The sale is listed to 31.10.2008. I do not find any jurisdictional error or legal infirmity in the impugned proceedings. All that the petitioner seeks is a facility to pay off the outstandings in instalments. Having rejected all other contentions, this writ petition is ordered directing that if the petitioner remits the entire outstandings in 8 equal monthly instalments, payable on or before the last working day of every month commencing from WPC.30250/08 Page numbers October, 2008, the transaction will be treated as satisfied since the petitioner appears to be one belonging to the marginalised sector. The sale will stand adjourned from time to time and any failure to remit any of the instalments will result in this judgment standing recalled and the respondents will be at liberty to forthwith proceed with sale in such circumstance. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.