IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 35332 of 2007(F) ------------------------------------- PETITIONER(S): ---------------------- THUPPATHIL SYEDMOHAMMED, S/O.ASANARUKUTTY, TANALUR AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DIST. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): ------------------------ 1. TIRUR URBAN CO-OPERATIVE BANK LTD., N.F.1818, P.O.TIRUR, REPRESENTED BY GENERAL MANAGER. 2. THE SPECIAL SALE OFFICER, THR TIRUR URBAN CO-OPERATIVE BANK LTD P.O.TIRUR. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MALAPPURAM. 4. THE STATE OF KERALA, REPRESENTED BY SECRETARY (CO-OPERATION), THIRUVANANTHAPURAM. R1 BY ADV. SRI.M.SASINDRAN R4 BY ADV.SMT.P.A.RAZIYA, SR.GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG WP(C).No. 35332 of 2007(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE AWARD DATED 19.07.2002. EXT.P2 : COPY OF THE SALE PROCEEDINGS. EXT.P3 : COPY OF THE RECEIPT. EXT.P4 : COPY OF THE RECEIPT. EXT.P5 : COPY OF THE RECEIPT. EXT.P6 : COPY OF THE CONFIRMATION ORDER. EXT.P7 : COPY OF THE APPEAL MEMORANDUM. EXT.P8 : COPY OF THE ORDER DATED 06.10.2007. RESPONDENT'S EXHIBITS & ANNEXURES: EXT.R1 : COPY OF THE LOAN LEDGER (GENERAL). EXT.R1(a) : COPY OF THE NOTICE INTIMATING THE AUCTION SALE. ANNEXURE R1(a) : COPY OF THE SAVINGS BANK LEDGER OF THE PETITIONER IN THE S.B.ACCOUNT NO.881. /TRUE COPY/ P.A.TO JUDGE DG S.SIRI JAGAN, J. ================== W.P.(C).No. 35332 of 2007 ================== Dated this the 20th day of December, 2011 J U D G M E N T In this writ petition, the petitioner is challenging proceedings for recovery of amounts due from the petitioner to the 1st respondent bank under an award passed under the Kerala Co-operative Societies Act. The petitioner seriously disputes the correctness of the amounts demanded. But, after filing of the statement by the bank, the petitioner accepts that the balance amount due as on 22.11.2011 is ` 2,99,477/-. The petitioner now seeks instalment facility to pay off the balance amounts due. 2. Having heard both sides, I dispose of this writ petition with a direction to the 1st respondent bank to permit the petitioner to pay off the balance amounts due in three equal monthly instalments payable on 31.1.2012, 29.2.2012 and 31.3.2012. The learned counsel for the bank submits that as per the Reserve Bank directions, they have to sell the property for recovery of the amounts before 31.3.2012. I direct that that time prescribed by the Reserve Bank would stand extended by two months from 31.3.2012 in the peculair facts of this case. If the petitioner pays the instalments on due dates, further proceedings for recovery of the balance amounts shall be kept in abeyance. However, if the petitioner commits default in payment of w.p.c.35332/07 - : 2 :- any one instalment, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. After making payment of the first instalment, the petitioner may file an application for possible reduction in interest etc., which shall be considered and orders passed by the bank in accordance with the bank's policies and guidelines, within one month from the date of receipt of the application. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge