IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 26280 of 2009(D) -------------------------- PETITIONER(S): --------------- S.SREELATHA, W/O.RAJIV KUMAR, SREENILAYAM, MANNAM P.O., NORTH PARAVUR, ERNAKULAM DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENT(S): --------------- 1. KERALA STATE CO-OP. BANK LTD., ERNAKULAM BRANCH, REP. BY SENIOR MANAGER. 2. THE AUTHORISED OFFICER, (REGIONAL MANAGER), KERALA STATE CO-OP. BANK LTD., DORAISWAMY IYER ROAD, KOCHI-682 035. ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26280 of 2009 APPENDIX Petitioners Exhibits: Ext.P1: True copy of the notification published inthe Desabhimani daily dt.22.8.2009 Ext.P2: True copy of the representation submitted by the petitioner before the respondent Bank on 28.8.2009 /True copy/ P.A. To Judge S.S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 26280 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of September, 2009 J U D G M E N T The petitioner is a defaulter in repayment of loan amount due from her to the first respondent. Coercive recovery proceedings have been initiated by the respondent. Mortgaged property of the petitioner has been brought to sale by Ext.P1. The petitioner challenges the same. However, presently the petitioner's prayer is only to permit the petitioner to pay off the amount in installments. This is opposed by the counsel for the respondent. However taking a lenient view, I dispose of the writ petition with the following directions: The petitioner shall pay an amount of Rs.2,00,000/- (Rupees two lakhs) on or before 17.10.2009. The balance amount shall be paid in six equal monthly installments starting from 1.12.2009. Subsequent installments shall be paid on the first working day of every succeeding month. If the petitioner pays the initial amount and the installments W.P. (C) No. 26280 OF 2009 : 2 : in time, further proceedings pursuant to Ext.P1 shall be kept in abeyance. However, if the petitioner commits default in payment of either the Rs. 2 lakhs or any one of the subsequent installments, respondents are free to continue proceedings as now initiated without having to issue any further notice or proceedings in that regard. ( S.S. SIRI JAGAN, JUDGE) jma