IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 25TH JULY 2007 / 3RD SRAVANA 1929 WP(C).No. 11171 of 2007(E) ------------------------------------ PETITIONER: ------------------ M.D.JOSEPH, S/O.DEVASSIA, MUNDAMTHADATHIL HOUSE, MAILALLAMPARA P.O., PUDUPPADY VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: --------------------- 1. THE SPECIAL SALE OFFICER, KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL VILLAGE DEVELOPMENT BANK. 2. THE KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL VILLAGE DEVELOPMENT BANK, REPRESENTED BY ITS MANAGER. R1 & R2 BY ADV. SRI.THOMAS ANTONY BY GOVERNMENT PLEADER (SHRI P.K. RAVIKRISHNAN) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C). NO.11171 OF 2007 E PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SALE NOTICE DATED 17.2.2007 ISSUED BY THE FIRST RESPONDENT. // TRUE COPY// PS TO JUDGE K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 11171 OF 2007 E -------------------------------------- Dated this the 25th July, 2007 JUDGMENT Petitioner availed a loan. It was not repaid. Recovery steps have been taken vide Ext.P1 sale notice. Prayer is to quash Ext.P1 and extend the benefit of One Time Settlement Scheme. Heard the learned counsel appearing for the petitioner and also the learned standing counsel appearing for the respondent Bank. Counsel for respondent Bank submits that the One Time Settlement Scheme is not available to the petitioner. But, the petitioner submits that he may be permitted to pay off the entire amount in instalments. Having regard all facts, the Writ Petition is disposed of as follows: Petitioner is permitted to pay off the amount remaining due with interest in six equal monthly instalments. The respondent Bank will serve a Statement on the petitioner showing the exact amount of instalments on the basis that the petitioner has to repay the entire amount in six equal monthly instalments, within WP(C) NO.11171/07 E 2 two weeks from today. The first instalment shall be payable on or before 23.8.2007 and the remaining instalments on the 23rd of every succeeding month. If any of the instalments is not paid, petitioner will lose the benefit of this Judgment and the respondent Bank will be free to proceed against the petitioner in accordance with law. K. M. JOSEPH, JUDGE kbk.