IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 17234 of 2009(Y) -------------------------- PETITIONER(S): ------------------ SURESH R.CHANDRAN, VELLACKAL VEEDU, MANIMALA P.O. KOTTAYAM DISTRICT. BY ADV. SRI.SERGI JOSEPH THOMAS RESPONDENT(S): ------------------- 1. THE KOTTAYAM CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., NO.K.48, P.B.NO.198, KOTTAYAM, REPRESENTED BY THE MANAGING DIRECTOR, 2. THE SPECIAL SALE OFFICER, KOTTAYAM CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.,NO.K.48,P.B.NO.198, KOTTAYAM 3. THE BRANCH MANAGER, KOTTAYAM CO-OP. AGRICULTURAL RURAL DEVELOPMENT BANK LTD NO.K.48, P.B. NO.198, KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 17234 OF 2009 (Y) ===================== Dated this the 22nd day of June, 2009 J U D G M E N T Petitioner had availed of two loans from the 1st respondent. Exts.P1 to P4 are the copies of the pass books. As security, he had mortgaged 98 ares of land belonging to him. Default was committed and recovery proceedings have reached the stage of sale that is now scheduled to take place today. Ext.P6 is the sale proclamation. It is stated that on its receipt, petitioner submitted Ext.P8 application to the Bank seeking to regularize the loan and to permit him to discharge the liability. It is submitted that without considering Ext.P8, the respondents are proceeding to sell the property. 2. The prayer that is sought before me is to direct consideration of Ext.P8 and permit the petitioner to discharge the liability in easy instalments. As already stated, the sale is to take place today and it is only at this belated stage, the writ petition is filed and therefore, this Court will not be justified in requiring the Bank to defer sale at this belated stage. 3. However, having regard to the request that is made by WPC 17234/09 :2 : the petitioner in Ext.P8 before the Bank itself, I feel it is only appropriate that the Bank should consider the matter before confirming the sale. 4. Therefore, the writ petition is disposed of with the following directions. (1) That within one week from today, petitioner shall remit 1/3rd of the amount that is due from him. (2) Subject to such condition, it is directed that though the sale which is scheduled to take place today can go on, its confirmation will be deferred for one month. (3) It is directed that in the meanwhile, the 1st respondent shall consider Ext.P8, the representation made by the petitioner praying for regularizing or granting instalment facility for discharging the liability. (4) Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp