IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 20745 of 2009(K) -------------------------- PETITIONER(S): --------------- NARAYANANKUTTY, AGED 66 YEARS, S/O.PADMANABHAN, CHIRAKKUMALIL HOUSE, CHERUKODE POST, VIA VALLAPUZHA, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH SRI.G.SIJI RESPONDENT(S): --------------- 1. OTTAPALAM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO. P.621, OTTAPALAM, REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL SALE OFFICER, OTTAPALAM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO.P.621, OTTAPALAM. BY GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.20745 OF 2009 ------------------------ Dated this the 24th day of July, 2009. JUDGMENT Petitioner submits that he is a defaulter to the Ist respondent Bank. It is stated that in terms of the Debt Relief and Debt Waiver Scheme, 2008 announced by the Government of India, petitioner is entitled to waiver of his liability. According to the petitioner, seeking the benefit of the said scheme he filed Exts.P3 and P4 before the first respondent and orders have not been passed. He stated that in the meanwhile, recovery proceedings are continued and the properties mortgaged by the petitioner is scheduled to be sold on 29.7.2009 and Ext.P2 sale notice is issued. Taking into account the grievance as above, I dispose of this writ petition with the following directions. The sale which is now scheduled to take place on 29.7.2009 can go on, but however its confirmation will be WP(c).N.20745/09 2 deferred. In the meanwhile, the first respondent shall consider Exts. P3 and P4 applications filed by the petitioner for waiver of the liability and orders thereon shall be passed within 3 weeks from the date of production of a copy of the judgment. If the sale takes place as notified in Ext.P2, a decision on its confirmation will be taken after orders on Exts.P3 and P4 are passed. Petitioner shall produce a copy of the judgment along with a copy of the writ petition before respondents 1 and 2 for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).N.20745/09 3