IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 27701 of 2010(K) -------------------------- PETITIONER(S): --------------- BEERANKUTTY, KADANMUTTOTH, P.O.POONATH, AVITANALLOOR, KOZHIKODE-673 618. BY ADV. SRI.B.V.JOY SANKER RESPONDENT(S): --------------- 1. THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, P.B.NO.503, KALLAI ROAD, KOZHIKODE, PIN-673 002, REPRESENTED BY ITS MANAGER. 2. SPECIAL SALE OFFICER, THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., KALLAI ROAD, KOZHIKODE, PIN-673 002. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 BY G.P.SRI.K.C.SANTHOSH FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.27701 OF 2010 -------------------------------------------- Dated this the 14th day of September, 2010 JUDGMENT The petitioner had availed housing loan of Rs.80,000/- from the first respondent-Bank in the year 2001. On account of chronic default in re- payment of the instalments towards the said loan account, the first respondent initiated arbitration proceedings and the same had culminated in an award in ARC 525/2006. Even thereafter, the petitioner did not pay off the debt and consequently, Ext.P1 sale notice has been issued to him. It is evident from Ext.P1 that the amount due from the petitioner to the first respondent -Bank is Rs.1,83,954/-. It is stated thereunder that the auction and sale of immovable properties is scheduled to be held on 15.9.2010. It is submitted that Ext.P2 circular dated 30.11.2006 relied on by the petitioner is not at all in existence and, therefore, it is inapplicable. The petitioner had not challenged the award passed in ARC 525/2006 and therefore, he cannot be relieved off his liability to pay the amount covered as per the award in the said ARC, it is further contended. Considering the fact that the sale is yet to be effected, this Writ Petition is disposed of as hereunder:- In case auction is conducted on 15.9.2010 pursuant to Ext.P1 sale W.P.(C) NO.27701/2010 2 notice, the same shall not be confirmed till 15.10.2010. In the meanwhile, the petitioner shall pay an amount of Rs.50,000/- on or before 14.10.2010 to the first respondent -Bank. In case the petitioner effects payment as directed above on or before 14.10.2010, it will be open to him to file a proper representation to the first respondent-Bank requesting to waive interest relying on Ext.P2 circular. On receipt of such a representation, the first respondent shall consider the same in accordance with law, taking into account the circulars or orders governing the issue and pass orders thereon expeditiously. Needless to say that no coercive steps shall be taken till disposal of the said representation. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.27701/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.27701/2010 4