IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 30354 of 2008(L) -------------------------- PETITIONER(S): --------------- KUMARAN, AGED 53 YEARS, S/O.AYYAPPAN, NEDIYEDATHU HOUSE, AVANOOR KARA, MUNDUR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT(S): --------------- 1. THRISSUR DISTRICT CO-OPERATIVE BANK LTD., SAHAKARANA SATHABDHI MANDIRAM THIRUVAMBADY P.O., THRISSUR, REPRESENTED BY ITS MANAGER/CHIEF EXECUTIVE OFFICER. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES/ARBITRATOR CUM SPECIAL SALE OFFICER THRISSUR DISTRICT CO-OPERATIVE BANK LTD., SAHAKARANA SATHABDHI MANDIRAM, THIRUVAMBADY P.O THRISSUR. R1 BY ADV.SRI.P.C.SASIDHARAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30354 OF 2008 ------------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT The petitioner availed a facility from the first respondent, defaulted repayment, faced arbitration proceedings in 2002, suffered an award and execution proceedings commenced in 2004. Ext.P1 notice for sale was issued on 29.8.2008. The sale is listed on 23.10.2008. Having regard to the aforesaid and because there is no jurisdictional error or legal infirmity in the impugned proceedings, learned counsel for the petitioner confines the requests to be one that his client may be granted instalment facility to pay off the entire outstandings. The petitioner is one who belongs to the marginal sector and the total outstandings itself is too huge a sum for him to pay. Under such circumstances, this writ petition is ordered directing that if the petitioner remits amounts at the rate of Rs.8,000/- per month, payable on or before the last working day of every month commencing from October, 2008, action following Ext.P1 shall stand suspended. However, if there is default in remitting any of WPC.30354/08 Page numbers the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically and distress action shall follow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.