IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 35911 of 2009(H) -------------------------- PETITIONER(S): --------------- MAHESH, S/O. ASOKAN, AGED 39 YEARS, VELIYIL VEEDU, THATTAMALA, KOLLAM. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENT(S): --------------- 1. COSTAL UBAN CO-OPERATIVE BANK KOLLAM NO. 3036, REPRESENTED BY THE SECRETARY. 2. THE SPECIAL SALE OFFICER, CO-OPERATIVE SOCIETY CIRCLE OFFICER, KOLLAM. BY ADV. SMT. C.S. MAYA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 35911/2009 --------------------------------------------------------------------- EXT.P1 TRUE COPY OF SALE NOTICE. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 35911 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 18th December, 2009. J U D G M E N T The 1st respondent-Co-operative Bank initiated recovery proceedings for recovery of loan amounts due from the petitioner to the 1st respondent, which culminated in issue of Ext. P1 sale notice. The petitioner is challenging the same. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks time to pay off the amounts. 2. This is opposed by the counsel for the 1st respondent who would submit that even after several opportunities granted to the petitioner, the petitioner did not care to pay any amounts to the Bank. 3. I have heard counsel on both sides. 4. I am of opinion that the 1st respondent shall show some leniency to the petitioner to enable him to pay off the amounts in instalments. Accordingly, the writ petition is disposed of with the following directions: The petitioner shall pay an amount of Rs. 1,25,000/- within one month. The balance amount shall be paid in five equal monthly instalment starting from 1-3-2010. Every subsequent instalment shall be paid on the first working day of the succeeding month. If the petitioner pays the amounts on the due dates, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of either Rs. 1,25,000/- or the subsequent instalments, it would be open to the respondents to continue proceedings for coercive recovery in accordance with law. Sd/- S. Siri Jagan, Judge. Tds/