IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 29105 of 2010(K) ----------------------------------------- PETITIONER(S): --------------------------- JANU, AGED 71 YEARS, W/O.GOPALAN KIDAV, KARACHATTIL VEEDU, M.M.PARAMBA P.O., UNNIKULAM, KOZHIKODE-673 574. BY ADV. SRI.B.V.JOY SANKER RESPONDENT(S): --------------------------- 1. THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, P.B.NO.503, KALLAI ROAD, KOZHIKODE, PIN-673 002, REPRESENTED BY ITS MANAGER. 2. THE ARBITRATOR/SPECIAL SALE OFFICER, THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE, PIN-673 002. 3. THE REGISTRAR OF CO-OP. SOCIETIES, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI. P.V.KUNHIKRISHNAN, SC R3 BY GOVERNMENT PLEADER SRI. K.C.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 29105 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of September, 2010 J U D G M E N T The petitioner who is a heptagenarian. Her late husband availed a loan of Rs.75,000/- from the first respondent on 5.8.1996. Only an amount of Rs.1,000/- was remitted towards the said loan account. Arrears as on 23.9.2010 in the said loan account was Rs.2,87,000/-. However, as per Ext.P3, the amount outstanding as on 30.6.2010 was only Rs.2,67,818/-. What ever that be, it is evident that after availing a loan for Rs.75,000/- as early as on 5.8.1996 only an amount of Rs.1,000/- was paid. According to the respondent bank, the amount now outstanding is Rs. 2,87,000/-. The petitioner is disputing it in the light of Ext.P3. But, even as per Ext.P3 the amount outstanding was 2,67,818/-. The property belonging to the petitioner has now been put to auction and a sale notice was issued and auction is scheduled to be held on 27.9.2010. In the said circumstances, this writ petition is disposed of directing the respondents not to confirm the sale for a period of one month, even if the WPC.29105/2010 : 2 : auction is conducted as scheduled, on 27.9.2010. In the meanwhile, the petitioner shall pay an amount of Rs.1,00,000/- to the first respondent bank within three weeks from today. In case, the petitioner pays the amount of Rs.1,00,000/- within the stipulated time, the petitioner will be at liberty to make an application before the first respondent for granting further facility of instalments to pay off the balance amount and also for a proper quantification of the amount actually payable. In case, the petitioner satisfies the condition mentioned above, the respondents shall not take coercive action before disposing of the representation submitted in terms of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge