IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 8803 of 2009(U) ------------------------- PETITIONER(S): --------------- SATHEESH KUMAR.M., S/O.BALAKRISHNAN, MALARKAVIL HOUSE, NORTH BEYPORE P.O., CALICUT-15. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): --------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, (A GOVERNMENT OF KERALA ENTERPRISES), REGIONAL OFFICE BHADRATHA, P.B.NO.510, MUSEUM ROAD, CHEMBUKKAVU, THRISSUR-20, REPRESENTED BY ITS CHAIRMAN. 2. THE BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, BRANCH OFFICE, KALLAI ROAD, CALICUT-2. 3. THE DEPUTY COLLECTOR (RR), KSFE LIMITED, KALLAI ROAD, CALICUT-2. ADV. SRI.K.S.HARIHARAPUTHRAN,SC,K.S.F.E. LTD FOR R1 & 2 GOVERNMENT PLEADER MR.BEJOY CHANDRAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.8803/09 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF STATEMENT OF ACCOUNTS ISSUED BY R2. P2 COPY OF NOTICE DT 29.12.05. P3 COPY OF RECEIPT ISSUED BY R2. P4 COPY OF SALE NOTICE BY R3. P5 COPY OF LETTER DT 16.1.09 SUBMITTED TO R2. // TRUE COPY // P.A. TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 8803 OF 2009 U ```````````````````````````````````````````````````` Dated this the 25th day of March, 2009 J U D G M E N T I heard learned counsel for the petitioner, learned standing counsel for KSFE and learned Government Pleader. 2. Petitioner subscribed to a chitty conducted by the 2nd respondent. He is now faced with recovery steps on account of default made in payment of three instalments. Ext.P4 is the notice of sale. 3. After having heard the learned counsel for the parties, I feel that the request of the petitioner for granting time to repay the amount can be allowed. Accordingly, writ petition is disposed of directing that the proceedings pursuant to Ext.P4 will be kept in abeyance provided the petitioner repays the amount remaining to be paid with due interest and collection charges in ten equal monthly instalments, first of which shall be paid on or before15.4.2009 and the further instalments shall be paid on or before the 15th working day of the succeeding months. The 1st respondent will serve a statement on WPC.8803/09 : 2 : the petitioner showing the amount remaining to be paid, after giving due credit to the amount already paid by the petitioner and also fixing the instalment amount in terms of this judgment, within a period of ten days from today. If the petitioner does not remit any of the instalments, the petitioner will lose the benefit of this judgment and the respondent will be free to proceed against the petitioner in accordance with law. (K.M.JOSEPH, JUDGE) aks