IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 23336 of 2010(N) -------------------------- PETITIONER(S): --------------- M.KANNUVADAN CHETTIAR, S/O.NANJAN CHETTIAR, AGED 74 YEARS, MARIAMMANKOVIL PARAMBIL, CHETTITHARA, PULAPATTA. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): --------------- 1. THE PALAKKAD DISTRICT CO-OPERATIVE BANK LTD., PULAPATTA BRANCH REPRESENTED BY ITS GENERAL MANAGER. 2. THE SPECIAL SALE OFFICER, THE PALAKKAD DISTRICT CO-OPERATIVE BANK LTD., PULAPATTA (THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHETTITHARA, PULAPATTA). ADV. SRI.M.P.ASHOK KUMAR FOR R1 ADV. SRI.K.S.MUHAMMED HASHIM FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23336 of 2010(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT IN FORM NO.8 DATED 11.6.2010. EXT.P1(a): TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT IN FORM NO.9 DATED 11.6.2010. // TRUE COPY // TKS C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.23336 of 2010 ---------------------------------------- Dated 3rd September, 2010 JUDGMENT The petitioner had availed a loan of Rs.50,000/- from the first respondent. On account of his continued default in remitting the instalments towards the said loan account, appropriate action in accordance with law was taken by the respondents. Later, Exts.P1 and P1(a) notices were issued to the petitioner. Ext.P1 is the demand notice and Ext.P1(a) is the sale notice. It is aggrieved by Exts.P1 and P1(a) that this writ petition has been filed by the petitioner. In fact, the prayer of the petitioner is to permit him to pay off the debt in 10 equal monthly instalments. When this matter came up for admission, this Court passed an interim order on condition that the petitioner pays an amount of Rs.25,000/- on or before 28.7.2010. Admittedly, the petitioner has complied with the said order. The learned counsel appearing for the petitioner submits that the petitioner is a senior citizen and he would be able to pay off the entire balance debt in 10 equal monthly instalments. In view of the said submission, this writ petition is disposed of as hereunder: The petitioner shall pay off the entire balance amount towards Loan Account No.NAMT 474 in 10 equal monthly instalments WP(C).No.23336/2010 2 commencing from 1.10.2010 onwards. He shall effect payment of the monthly instalments as directed above, on or before 5th day of every month. In case of failure on the part of the petitioner to comply with the above directions, it will be open to the respondents to pursue the proceedings already initiated. C.T.RAVIKUMAR Judge TKS