IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 1795 of 2010(Y) ---------------------------------------- PETITIONER(S): ------------------------- JOSE, S/O.CHAKKUNNI, KARUKUTTIKARAN HOUSE, PARIYARAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DIST. BY ADVS. SMT.K.V.BHADRA KUMARI, SMT.ANILA GEORGE. RESPONDENT(S): --------------------------- 1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES/ARBITRATOR CUM SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD, SAHAKARANA SATHABDHI MANDIRAM, TUDA ROAD, THIRUVAMBADI (PO), THRISSRUR. 2. THRISSRUR DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS SECRETARY, SAHAKARANA SATHABDHI MANDIRAM, TUDA ROAD, THIRUVAMBADI (P.O.),THRISSRUR. R1 & R2 BY ADV. MR. P.C. SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.1795 of 2010 ---------------------------- Dated 19th January, 2010 JUDGMENT The petitioner availed a loan from the second respondent bank. When the loan was not repaid, the bank initiated proceedings for recovery by filing ARC.No.517 of 2007. In that arbitration case the Arbitrator passed an award on 25.4.2008. Even thereafter the petitioner did not repay the loan. The bank thereupon initiated proceedings to execute the award. Ext.P2 notice dated 19.10.2009 was sent to the petitioner informing him that if he does not pay the award amount with interest and costs, the bank will be constrained to attach and sell his properties. The petitioner did not even thereafter deposit the award amount. The sale officer of the bank thereupon issued Ext.P3 notice of sale proposing to sell the immovable property belonging to the petitioner in public auction on 20.1.2010. This writ petition was thereupon filed challenging Ext.P3 and seeking a direction to the respondents to refrain from proceeding with Ext.P3 sale notice. The petitioner also seeks a direction to the respondents to permit him to pay the award amount in instalments. 2. The learned counsel for the petitioner states that the petitioner's daughter is suffering from chronic eye ailment and that he WP(C).No.1795/2010 2 is not in a position to pay the award amount in lump. He submits that the petitioner will pay a fraction of the award amount on the day fixed for sale and the balance in instalments. Sri.P.C.Sasidharan, the learned counsel appearing for the second respondent bank submits that if the petitioner pays a reasonable amount on the date of sale and the balance amount in two or three instalments, the bank will not proceed against the immovable property of the petitioner. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. The property brought to sale as per Ext.P3 sale notice is 5 cents of land wherein the petitioner is residing. Ext.P1 discloses that the petitioner's daughter is undergoing treatment for chronic eye ailment in Little Flower Hospital & Research Centre, Angamaly. The petitioner has also stated that he is unemployed after the establishment where he was working was closed down. In such circumstances, I am of the opinion that the petitioner should be afforded a reasonable opportunity to pay the award amount in instalments. I accordingly dispose of this writ petition with the following directions: (i) The petitioner shall pay the sum of Rs.5,000/= to the first respondent before the time fixed for sale in Ext.P3 sale notice i.e. before 11.30 a.m. on 20.1.2010. The first respondent shall in the WP(C).No.1795/2010 3 event of the petitioner making such payment adjourn the sale by a period of three months. ii) The petitioner shall pay a further sum of Rs.10,000/= on or before 1.3.2010. Upon such payment being made, the second respondent bank shall inform the petitioner of the balance amount due from him. The petitioner shall pay the balance amount as per the statement furnished by the bank in three equal monthly instalments commencing from 1.4.2010. It is clarified that in the event of the petitioner committing default of any of the above conditions, it will be open to the bank to proceed as per Ext.P3 sale notice without issuing a fresh sale proclamation but after putting the petitioner on notice. On the other hand, if the petitioner complies with the directions issued herein, the bank shall record satisfaction of the award in ARC. No.517 of 2007 and withdraw the sale notice. Registry is directed to issue certified copies of this judgment to the learned counsel appearing on both sides if applied for today itself. P.N.RAVINDRAN Judge TKS WP(C).No.1795/2010 4