IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 13349 of 2010(P) -------------------------- PETITIONER : --------------- KOYAPPU, S/O. MOHAMMEDKUTTY, 62 YEARS, PARACKAL HOUSE, THRIKKADIRI POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADVS. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENTS : --------------- 1. THE CHERPULSSERY CO-OP URBAN BANK LTD. NO. 1696, CHERPULASSERY REPRESENTED BY ITS GENERAL MANAGER. 2. THE SENIOR INSPECTOR/SPECIAL SALE OFFICER FOR CHERPULSSERY CO-OP URBAN BANK LTD., OFFICE OF THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES (G), OTTAPPALAM. R1 BY ADV. SRI.V.K.BALACHANDRAN SC. R2 BY SENIOR GOVT. PLEADER SRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK APPENDIX PETITIONERS EXHIBITS. EXT.P1. PHOTOCOPY OF THE NOTICE DT. 12.3.2010 ISSUED BY THE 2ND RESPONENT. EXT.P2. PHOTOCOPY OF THE REPRESENTATION DT. 17.3.2010 SUBMITTED BEFORE THE RESPONDENTS. EXT.P3. PHOTOCOPY OF THE REPLY DATED 24.3.2010 ISSUED BY THE SECOND RESPONDENT. EXT.P4. PHOTOCOPY OF THE NOTICE DATED 9.4.2010 ISSUED BY THE SECOND RESPONDENT. RESPONDENTS EXHIBITS: NIL / TRUE COPY / P.S. TO JUDGE. VK K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.13349 of 2010 ------------------------------------------- Dated this the 21st July, 2010 JUDGMENT The petitioner has filed this Writ Petition challenging Ext.P4 notice directing payment of an amount of Rs.2,47,750/- before 9.5.2010 failing which the petitioner's property was proposed to be sold. According to the petitioner, he was ready to pay the amount provided he got some time. This Writ Petition was admitted on 20.4.2010. As a condition for the grant of an interim order, the petitioner was directed to pay an amount of Rs.50,000/-. It is submitted by both the petitioner as well as the counsel for the first respondent that the said amount has been paid. 2. The counsel for the petitioner submits that the petitioner is ready to pay the entire amount due to the first respondent bank in 12 equal monthly instalments. The bank is ready to extend the said facility to the petitioner. 3. In the above circumstances, this writ petition is disposed of directing the petitioner to pay the entire Wpc No.13349/2010 2 amount due to the first respondent bank in 12 equal monthly instalments, the first instalment to be paid on 20.8.2010. The subsequent instalments shall be paid on the 28th of each succeeding month thereafter until the entire amount is paid. It is made clear that in the event of the petitioner defaulting two consecutive instalments, the bank shall be free to initiate appropriate proceedings for the recovery of the amounts due in accordance with law. K.SURENDRA MOHAN, JUDGE css/