IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 13875 of 2010(H) -------------------------- PETITIONER(S): --------------- ANSARI, S/O.MOHAMED, NAJMA MANZIL, THANA, KANNUR VILLAGE, KANNUR (DIST). BY ADV. SRI.ANIL K.MOHAMMED RESPONDENT(S): --------------- 1. KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS MANAGING THIRUVANANTHAPURAM. 2. THE REGIONAL MANAGER, (AUTHORIZED OFFICER UNDER SARFAESI ACT), KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE, M.M.ALI ROAD, KANNUR. 3. THE BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., KANNUR BRANCH, KANNUR (DISTRICT). ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R1`,2,3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.13875 OF 2010(H) -------------------------------------------------- Dated this the 18th day of March, 2011 J U D G M E N T Petitioner availed of a loan from the first respondent Bank. Default was committed and accordingly proceedings under the SARFAESI Act was initiated. Finally the mortgaged property was brought for sale. It was at that stage the writ petition was filed. 2. When the case was taken up, all that the petitioner seeks is that he be permitted to pay the total outstanding to the Bank in instalments and that the Bank may be directed to keep further proceedings in abeyance. 3. I heard the Standing Counsel appearing for the respondents. 4. Although the counsel for the respondents objected to the prayer of the petitioner, mainly pointing out that if default was committed, Bank is entitled to proceed against the mortgaged property, still having regard to the willingness expressed by the petitioner to discharge the liability I am inclined to think that the petitioner should be given an opportunity to avoid coercive proceedings. WPC.No.13875 /2010 :2 : 5. Therefore, I direct that the petitioner's shall pay to the Bank the entire amount that is due in two equal monthly instalments first of which shall be paid on or before 30.3.2011 and the balance shall be paid on or before 30.4.2011. Subject to such payment coercive action shall stand stayed and if default is committed Bank will be free to continue the proceedings in accordance with law. Wit Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/