IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 4834 of 2010(D) --------------------------------------- PETITIONER(S): ------------------------- DENNYSON, S/O.CHELLAYAN, AGED 67, ROSE HOUSE, PULAVUNGAL, THIRUPURAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADVS. MR.VINOD J.DEV., MR.PRAMOD J.DEV. RESPONDENT(S): --------------------------- 1. THE DISTRICT CO-OPERATIVE BANK LTD., H.O. KIZHAKKEKOTTA, THIRUVANANTHAPURAM, REP.BY ITS MANAGER. 2. THE DISTRICT CO-OPERATIVE BANK LTD. KANJIRAMKULAM BRANCH, KANJIRAMKULAM, THIRUVANANTHAPURAM, REP.BY ITS MANAGER. R1 & R2 BY ADV. MR. K.G.RADHAKRISHNAN, SC, TVM DIST.CO-OP.BANK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.4834/2010 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF MEDICAL CERTIFICATE DTD. 13/01/10 ISSUED BY THE R.C.C.TRIVANDRUM TO THE PETITIONER. P2: COPY OF DEMAND NOTICE DTD. 10/01/08 ISSUED BY 2ND RESPONDENT. P3: COPY OF REPORT APPEARED IN THE HINDU DAILY DTD. 31/12/09. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 4834 OF 2010 ----------------------------------------------------------- Dated this the 15th March, 2010. JUDGMENT The petitioner is a person who is undergoing treatment for Carcinoma Tongue at the Regional Cancer Centre, Thiruvananthapuram. On 19.12.2005 he had availed a loan of Rs.3,00,000/- from the second respondent. Though the loan was agreed to be repaid in monthly instalments, the repayment fell into arrears and the same is remaining in default. 2. According to the petitioner, he fell sick and it was due to his illness that he was not in a position to make the payments regularly. Meanwhile the bank has initiated steps for the recovery of the amounts due from him and has also published Ext.P3 notice by which his property having an extent of 26 cents has been notified for sale. The petitioner submits that he will pay the entire amount due to the bank provided he is given some time to make the payments. I have heard the counsel for the second respondent bank also. He does not seriously oppose the grant of some time to the petitioner. 3. In the above circumstances the petitioner is directed to pay the entire amount due to the second respondent bank in four equal WPC 4834/2010 2 instalments, the first instalment being payable on or before 15.4.2010. The second installment shall be due on 15.6.2010, the third installment on 16.8.2010 and the last installment on 15.10.2010. All further proceedings of the respondents to sell the property of the petitioner pursuant to Ext.P3 notification shall remain stayed with respect to the petitioner. In the event of the petitioner defaulting payment of two consecutive instalments, the bank shall be free to proceed with steps to recover the amounts due in accordance with law. The writ petition is disposed of with the above directions. K. SURENDRA MOHAN Judge jj WPC 4834/2010 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: