IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 29380 of 2007(V) ----------------------------------------- PETITIONER(S): ------------------------- AMMINI, D/O.MARIYAMMA, PARAVILA VEEDU, OTTAKKAL MURI, THENMALA VILLAGE, PATHANAPURAM TALUK, KOLLAM. BY ADV. MR.C.RAJENDRAN RESPONDENT(S): ---------------------------- 1. THE REGISTRAR OF CO-OPERATIVES, THIRUVANANTHAPURAM. 2. THE ASSISTANT REGISTRAR, PUNALUR CO-OPERATIVE SOCIETIES, KOLLAM. 3. THE URUKUNNU SERVICE CO-OPERATIVE BANK, LTD., NO.Q-190, PUNALUR, REPRESENTED BY ITS SECRETARY. 4. THE SPECIAL SALE OFFICER, THE URUKUNNU SERVICE CO-OPERATIVE BANK LTD., NO.Q-190, PUNALUR. 5. M.SHAJAHAN, ACCOUNTANT, THE URUKUNNU SERVICE CO-OPERATIVE BANK LTD., NO.Q-190, PUNALUR. R3 TO R5 BY MR.P.SANTHALINGAM, SENIOR ADVOCATE, BY ADV.MR.S.SHARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29380/2007 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT DTD. 01/01/2004. P2: COPY OF THE NOTICE DTD. 07/09/2007. RESPONDENT'S EXHIBITS: R3(A): COPY OF THE NOTICE DTD. 26/04/2007 ISSUED BY 3RD RESPONDENT. R3(B): COPY OF THE APPLICATION DTD. 4/06/07 SUBMITTED BY A.USHA, 7352 TO THE SPL.SALE OFFICER, URUKUNNU SERVICE CO-OP.BANK. R3(C): COPY OF THE DECLARATION DTD. 7/09/2007 BY THE 3RD RESPONDENT. R3(D): COPY OF THE CONFIRMATION DTD. 7/09/2007 BY THE 3RD RESPONDENT. /TRUE COPY/ P.S.TO JUDGE Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 29380 OF 2007 ----------------------------------------------------------- Dated this the 23rd March, 2010. JUDGMENT The petitioner had availed a loan from the third respondent bank. The loan amount was to be paid back in 36 instalments. But, the petitioner defaulted payment of the instalments and, therefore, action was initiated by the bank against the property that was offered as security. The property was sold in auction on 7/9/2007 in favour of the fifth respondent, who has purchased it for and on behalf of the third respondent. Thereafter, the petitioner was informed that if he deposits an amount of Rs.87,750/- with 5% interest and other expenses within a period of 30 days the sale would be set aside and the property would be returned to the petitioner. However, the petitioner did not deposit the amount. 2. It is submitted by the counsel for the third respondent bank that only an amount of Rs.18,000/- was deposited by the petitioner and that the balance amount due and outstanding is Rs.87,736/- as on 7.9.2007. The counsel for the petitioner submits that the entire amount would be paid provided the petitioner is given time to remit amount due in instalments. WPC 29380/2007 2 3. Considering the fact that the petitioner is a lady who is aged, I think that she can be granted one more opportunity to save her property from sale by permitting her to remit the amounts due in ten monthly instalments. 4. In view of the above this writ petition is disposed of directing the petitioner to remit the entire amount due to the third respondent in ten equal monthly instalments commencing from 15.4.2010. In the event of the petitioner committing default of two consecutive instalments, the bank shall be free to initiate further proceedings in accordance with law. K. SURENDRA MOHAN Judge jj WPC 29380/2007 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: