IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(C).No. 36189 of 2009(P) -------------------------- PETITIONER(S): --------------- E.KRISHNA MOHANA BHAT, S/O.MAHALINGA BHAT, NEERALA HOUSE, MAYIPPADY P.O., KASARAGOD. BY ADV. SRI.S.JIJI RESPONDENT(S): --------------- THE KASARGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.FF 113, KASARAGOD, REPRESENTED BY ITS SECRETARY-CUM-MANAGER. ADV. SRI.T.SETHUMADHAVAN FOR R SRI.PUSHPARAJAN KODOTH FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.36189/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE NOTICE DATED 23.10.2009 ISSUED BY THE RESPONDENT. EXT.P2. TRUE COPY OF THE ORDER DATED 18.11.2009 OF THE ADALAT. EXT.P3. TRUE COPY OF THE REPRESENTATION DATED 3.12.2009 MADE BY THE PETITIONER BEFORE THE RESPONDENT. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.36189 of 2009 ----------------------------------------- Dated this the 10th day of January, 2011 JUDGMENT The petitioner is a member of the respondent bank. He had availed an agricultural loan from the respondent bank in the year 2000. When the loan was not repaid, the bank initiated steps to recover the loan by sale of the security without the intervention of the court by invoking section 19 of the Kerala State Co-operative Agricultural and Rural Development Banks Act, 1984. Ext.P1 sale notice was thereupon issued by the Sale Officer proposing to sell the security on 16.12.2009. By that sale notice the petitioner was informed that if the sum of Rs.5,78,427/- due as on 20.10.2009 is not paid along with other charges, the security will be brought to sale and sold on 16.12.2009. It appears that after the sale notice was issued, an Adalat was held by the officers of the Department. The petitioner and the respondent bank participated in the Adalat held on 18.12.2009 and a decision was taken on that day as per which the petitioner was to pay the sum of Rs.5,36,200/- before 30-11-2009 in full settlement of the loan. The petitioner did not W.P(C).No.36189 of 2009 -:2:- avail the said opportunity. Instead after the period for payment expired, he submitted Ext.P3 representation dated 3.12.2009 to the Secretary of the respondent bank requesting that he may be given an opportunity to pay the balance amount due in instalments. This writ petition was thereafter filed on 14.12.2009 challenging Ext.P1 sale notice and seeking a direction to the Secretary of the respondent bank to consider Ext.P3 and pass orders thereon within a time limit to be fixed by this Court. Pursuant to the interim orders passed by this Court on 15.12.2009 the petitioner had on 13.1.2010 remitted the sum of Rs.1,50,000/- with the respondent bank. Though an order of stay was initially passed, the order of stay was not extended after 25.1.2010. Nearly one year has passed thereafter. 2. When the writ petition came up for hearing today the learned counsel appearing for the petitioner submitted that the petitioner will pay the entire amount due in five instalments. Sri.T.Sethumadhavan, learned standing counsel appearing for the respondent bank submitted that the respondent will furnish to the petitioner a statement of accounts setting out the amount due as on 31.12.2010 and that in the event of the petitioner paying the W.P(C).No.36189 of 2009 -:3:- amount due as on 31.12.2010 in five instalments together with interest at the contract rates for the period from 1.1.2011 the bank will not bring the security to sale. 3. In the light of the submissions made at the Bar and having regard to the fact that the petitioner have in compliance with this Court's directions paid an amount of Rs.1,50,000/- on 13.1.2010, I dispose of the writ petition with the following directions: (a) The Secretary of the respondent bank shall within two weeks from today inform the petitioner in writing of the amount due from him as on 31.12.2010. (b) The petitioner shall within one month from the date of receipt of the said communication pay the sum of Rs.50,000/- and shall pay the balance amount in five equal monthly instalments commencing from 1st of March 2011. (c) If the petitioner defaults payment of any two consecutive instalments it will be open to the respondent bank to bring the security to sale. (d) The respondent bank shall after the petitioner remits the last of the five instalments inform the petitioner about the W.P(C).No.36189 of 2009 -:4:- balance if any due from him by way of interest for the period from 1.1.2011 and the petitioner shall pay the said amount within one month from the date of receipt of the intimation. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.36189 of 2009 ---------------------------- JUDGMENT 10th January, 2011