IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 8896 of 2008(H) ------------------------- PETITIONER: -------------- R. SIVAKUMAR, API/209M SWARNAPRABHA, RASHTRAPITHA NAGAR, ATHIYANNOOR, ARALAMMOOD P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SASITH SRI.M.R.SARIN RESPONDENTS: ----------------- 1. MANAGER, STATE BANK OF TRAVANCORE, NELLIMOOD BRANCH, THIRUVANANTHAPURAM. 2. AUTHORISED OFFICER, STATE BANK OF TRAVANCORE, NELLIMOOD BRANCH, THIRUVANANTHAPURAM. BY SRI.SATHISH NINAN, SC, SBT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 8896 OF 2008 H ==================== Dated this the 17th day of March, 2008 J U D G M E N T The challenge in this writ petition is against Ext.P1, a notice published by the Bank for the sale of the property mentioned therein. The counsel only seeks an instalment facility. 2. I heard the counsel for the Bank also. 3. Having regard to the fact that the sale is now scheduled to take place on 29/3/2008, unless the petitioner proves his bonafides by making a substantial payment, this court will not be justified in interfering with the matter at the last minute. Therefore, I dispose of this writ petition with the following directions. If the petitioner remits 50% of the amount that is due from the petitioner before 28/3/2008, the sale now scheduled to take place pursuant to Ext.P1 on 29/3/2008 will be adjourned. If payment is made as above, the balance amount will be permitted to be paid in three equal monthly instalments. The first instalment will be payable on the 29th of April, 2008 and the subsequent instalments will be payable on the 29th of the succeeding two months. It is clarified that if default is committed, the Bank will be free to continue the action that it has taken. ANTONY DOMINIC,JUDGE. Rp