IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 WP(C).No. 13125 of 2011(M) -------------------------- PETITIONER(S): --------------- MURALEEDHARAN.K.I, AGED 35, S/O.ITTOORAN, KANDURUTHY HOUSE, AYANOOR P.O., PAZHANI, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): --------------- 1. DHANALAKSHMI BANK LTD., KUNNAMKULAM BRANCH, REP. BY ITS BRANCH MANAGER, KUNNAMKULAM P.O., THRISSUR DISTRICT-680 503. 2. THE AUTHORIZED OFFICER, DHANALAKSHMI BANK LTD., ZONAL OFFICE, DHANALAKSHMI BUILDING, IST FLOOR, PUNKUNNAM, THRISSUR-680 002. ADV. SRI.VIVEK VARGHESE P.J. FOR 1,2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.13125 OF 2011 -------------------------------------------- Dated this the 10th day of May, 2011 JUDGMENT The petitioner has availed a loan to the tune of Rs.1,00,000/- from the respondent bank. Irregular payment of the instalments constrained respondent bank to resort to appropriate steps for realisation of the outstanding amount towards the said loan account. In that regard, they have issued Ext.P2 sale notice. It is challenging Ext.P2 and seeking a direction to respondents 1 and 2 not to proceed further with the sale of the property belonging to the petitioner scheduled in Ext.P2 that this Writ Petition has been filed. 2. I do not think it necessary to delve into the facts any further in view of the submissions made by the learned counsel for the petitioner. The learned counsel for the petitioner submitted that the petitioner is prepared to pay the amount presently outstanding towards the loan in question in six equal monthly instalments. I have also heard the learned standing counsel appearing for the respondents. In view of the aforesaid submission, this Writ Petition is disposed of as hereunder:- W.P.(C) NO.13125/2011 2 The respondents shall keep in abeyance all steps taken for effecting sale of the property belonging to the petitioner scheduled in Ext.P2. The respondent bank shall intimate the petitioner the amount actually due towards the said loan account within a period of two weeks. Within one month from the date of such intimation, the petitioner shall pay 1/6th of the said amount and the balance amount due towards the loan in question shall be paid in five equal monthly instalments on or before 15th day of every succeeding months. It is made clear that in case of failure on the part of the petitioner to effect payment in accordance with the directions above, it will be open to the respondents to proceed with Ext.P2. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.13125/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.13125/2011 4