IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH APRIL 2007 / 14TH CHAITHRA 1929 WP(C).No. 20359 of 2006(W) -------------------------- PETITIONER: ------------ VARGHESE KURIEN, CHELIKKUZHIYIL HOUSE, KEEZHAVAYPOOR KARA, PURAMATTOM VILLAGE, MALLAPPALLY TALUK. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR SRI.T.P.PRADEEP RESPONDENTS: ------------- 1. SPECIAL SALE OFFICER, INSPECTOR OF CO-OPERATIVE SOCIETY, THIRUVALLA EAST CO-OPERATIVE BANK, THIRUVALLA. 2. MANAGER, THIRUVALLA EAST CO-OPERATIVE BANK LTD., VENNIKKULAM BRANCH. BY ADV. SRI.T.R.HARIKUMAR, SC SRI.V.G.ARUN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO. 20359/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE OTS NOTICE ISSUED BY THE 2ND RESPONDENT DATED 26/12/2005. P2 : COPY OF THE LETTER DATED 18/01/2006 ISSUED BY THE 2ND RESPONDENT. P3 : COPY OF THE REPRESENTATION DATED 25/01/2006 GIVEN BY THE PETITIONER. P4 : COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 20/7/2006. // TRUE COPY // PA TO JUDGE. C.N.RAMACHANDRAN NAIR,J. -------------------------------------------- W.P.C. NO. 20359 OF 2006 -------------------------------------------- Dated this the 4th day of April, 2007 JUDGMENT Since the petitioner undertakes to clear the arrears in 15 equal monthly instalments, W.P. is disposed of directing the respondents to withhold recovery proceedings for the petitioner to clear the arrears in 15 equal monthly instalments, first of which will be paid on or before 15/05/2007 and the balance on or before 15th of 14 succeeding months until arrears are cleared. If petitioner commits default in payment of any instalment, the instalment facility granted herein will stand automatically cancelled and respondents will be free to proceed for sale of the property and take any coercive steps for recovery of the amount. (C.N.RAMACHANDRAN NAIR) Judge