IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 18058 of 2011(F) ---------------------------------------- PETITIONER(S): ------------------------- BASHEER M.B., S/O.BHAVA, MADATHIPARAMBIL HOUSE, P.O.CHALINGADU, KAIPPAMANGALAM. BY ADV. SMT.E.V.MOLY RESPONDENT(S): --------------------------- 1. SPECIAL SALE OFFICER, R 312, AGRICULTURAL CO-OPERATIVE AND RURAL DEVELOPMENT BANK, IRINJALAKUDA BRANCH-680121. *ADDL.R2 IMPLEADED: R2. IRINJALAKUDA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.R 312, HEAD OFFICE IRINJALAKUDA, REPRESENTED BY ITS SECRETARY. (*ADDL.R2 IS IMPLEADED AS PER ORDER DTD. 19/07/2011 IN I.A.NO.11384/2011) R1 BY SR. GOVERNMENT PLEADER SRI.S. ABDUL SALAM ADDL.R2 BY ADVS. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18058/2011 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PAGES OF THE PASSBOOK. P2: COPY OF THE INTIMATION OF SALE DTD. 21/06/2011 ISSUED FOR THE RESPONDENT. P3: COPY OF THE NOTICE ISSUED BY SECRETARY OF THE RESPONDENT BANK TOGETHER WITH PAPER PUBLICATION. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.18058 of 2011 ------------------------------- Dated this the 19th day of July, 2011 J U D G M E N T The petitioner is the guarantor to a housing loan availed by his father from the second respondent bank. When the petitioner's father did not repay the loan, the second respondent bank initiated steps under sections 18 and 19 of the Kerala State Co-operative (Agricultural and Rural Development) Banks Act, 1984 to bring the security offered by the petitioner to sale without the intervention of the court. Notice was issued to the petitioner's father and petitioner demanding payment of the arrears. Since they did not discharge the arrears, the immovable property belonging to the petitioner was sold in public auction and purchased by the bank itself. Thereafter, the Sale Officer issued Ext.P2 notice to the petitioner and his father informing them that unless the amount due is paid within 30 days, the sale will stand confirmed. The instant writ petition was thereupon filed challenging Ext.P2 and seeking a direction to the respondents to permit the petitioner to pay the arrears in instalments. 2. I heard Smt.Moly.E.V., learned counsel appearing for the petitioner and Sri.V.G.Arun, learned standing counsel appearing for the second respondent. Sri.V.G.Arun, learned standing counsel W.P.(C) No.18058/2011 2 appearing for the second respondent submitted that as on 21.6.2011, the date on which the petitioner's property was sold, the amount due from the petitioner was Rs.1,51,918/-, that the sale has not so far been confirmed and the bank has no objection to the sale being set aside in the event of the petitioner discharging debt either in lump or in instalments and on payment of interest for the period after 21.6.2011, the expenses incurred for the sale and a sum equal to 5% of the bid amount. 3. In the light of the said submissions, I dispose of the writ petition with the following directions:- The petitioner shall within two weeks from today deposit with the second respondent bank the sum of Rs.25,000/-. He shall deposit the balance amount of Rs.1,26,918/- (Rs.1,51,918 – Rs.25,000) in 10 equal monthly instalments. The first instalment shall be deposited on 10th October, 2011 and the remaining instalments on the 10th of every succeeding English calendar month. If the 10th of any month happens to be a holiday, the deposit shall be made on the next working day. Upon the petitioner depositing the amount due on 21.6.2011 in the manner directed above, the bank shall inform the petitioner in writing of the balance amount, if any, payable by him by way of future interest for the period commencing from 21.6.2011, W.P.(C) No.18058/2011 3 the expenses incurred by the bank for conducting the sale and a sum equal to 5% of the bid amount . The petitioner shall pay the said amount without protest within one month from the date of receipt of the intimation. Upon the petitioner remitting the entire amount in the manner directed above, the bank shall move the Joint Registrar of Co- operative Societies having jurisdiction to have the sale set aside and the said officer shall thereupon pass orders setting aside the sale. It is clarified that if the petitioner fails to remit any one of the instalments, this order will stand recalled and the writ petition will stand dismissed. In that event, it will be open to the bank to apply for delivery of possession of the property purchased by it. P.N. RAVINDRAN, JUDGE. nj.