IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 20303 of 2010(K) ---------------------------------------- PETITIONER(S): ----------------------- AYSHA, AGED 60, W/O. KUNJAVARU, VELUTHEDATHAYIL, PUNNAYURKULAM AMSOM, CHAVAKKAD TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR), SRI.K.RAVI (PARIYARATH). RESPONDENT(S): -------------------------- 1. THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD., VADAKEKAD BRANCH, REP. BY ITS BRANCH MANAGER, THRISSUR DISTRICT. 2. THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, ARBITRATOR CUM SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK, SAHAKARANA SATHABDI MANDIRAM, THIRUVAMBADI P.O., THRISSUR. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, AYYANTHOLE, THRISSUR. 4. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT., DEPARTMENT OF CO-OPERATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. MR.P.C. SASIDHARAN, SC R2 TO R4 BY GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 20303 OF 2010 K ----------------------------------------------------------- Dated this the 22nd July, 2010. JUDGMENT The petitioner is the wife of the original debtor who had availed a housing loan from the first respondent bank. According to the petitioner her husband has not been heard of for the past more than eight years. She has three children and they are being looked after by her father. For recovery of the amounts due from her husband the bank initiated proceedings and an award was passed. Execution petition, E.P.491/2006 is pending. As on 28/2/2010 an amount of Rs.2,43,693/- is due towards repayment of the said loan. The petitioner is ready to pay the amount but she is not in a position to pay the same in a lump. Therefore, she seeks the facility of paying the same in instalments. 2. Adv.P.C.Sasidharan who appears for the first respondent bank points out that the loan was availed of as early as on 25/10/1999. Though it was to have been repaid in equated monthly instalments of Rs.2,900/- each, only four instalments were paid. In view of the default, the bank initiated proceedings for recovery of loan amount and an award was obtained on 26/9/2005. Though an execution petition was filed in 2006, the matter was WPC 20303/2010 2 only dragged on. Therefore, he prays for the dismissal of this writ petition. Even if instalment facility is granted, he submits that it may be limited to three instalments. The counsel for the petitioner submits that six instalments may be granted. 3. Considering the pathetic situation of the petitioner, I feel that the petitioner can be granted an opportunity to save her residential property from attachment and sale by the bank. However, she has to prove her bonafides by depositing some amount as condition for such facility. 4. In the above circumstances this writ petition is disposed of directing the petitioner to remit an amount of Rs.1 lakh towards the amounts due to the first respondent on or before 20/8/2010. The balance amount shall be paid by the petitioner in three monthly instalments starting from 20/9/2010 with the subsequent instalments to be paid on the 20th of each of the succeeding months thereafter. In the event of the petitioner committing default in payment of two consecutive instalments, the bank would be free to initiate proceedings in accordance with law for recovery of the amounts due. K. SURENDRA MOHAN Judge jj WPC 20303/2010 3 WPC 20303/2010 4