IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 27725 of 2007(A)
1. P.J.JOY, AGED 50 YEARS,
... Petitioner
Vs
1. MANAGER, UCO BANK,
... Respondent
2. AUTHORISED OFFICER,
For Petitioner :SRI.P.K.SHAJU
For Respondent :SRI.GEORGE KARITHANAM VARGHESE
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :02/04/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 27725 OF 2007 A
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Dated this the 2nd day of April, 2008
J U D G M E N T
This writ petition filed during September, 2007 is now moved for
orders. Petitioner is a defaulter to the respondent Bank and at the time
when the writ petition was filed Section 13(2) notice was under challenge.
Now proceedings have culminated in possession notice and producing the
said notice as Ext.P3, petitioner is seeking stay of the same by filing IA
4593/2008.
2. What is now prayed for is that he may be permitted to
privately sell the property mortgaged and thus liquidate the liability itself.
3. Admittedly, the petitioner is a defaulter and the property
proceeded against is the mortgaged property. If that be so, on the face of
the opposition raised by the Bank, this court will not be justified indirecting
that the property should be released from mortgage and the petitioner
should be permitted to privately sell the property. Therefore, the relief
sought for by the petitioner cannot be granted.
4. Be that as it may, if the petitioner is so desirous, petitioner
may pay 50% of the amount that is due before 30th of April, 2008 and
WPC 27725/07
:2 :
subject to such payment, I direct that further proceedings pursuant to
Ext.P3 be deferred. If the petitioner complies with the aforesaid direction,
the petitioner will be permitted to repay the balance amount in three equal
monthly instalments, payable on the 30th of May, June and July, 2008. It
is clarified that on default in paying the instalment as above, it will be
open to the respondents to continue the proceedings without further
notice to the petitioner.
Writ petition is disposed of as above.
ANTONY DOMINIC,JUDGE.
Rp