IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31031 of 2008(T)
1. KURIAN K.MATHEW, KALAYIL HOUSE
... Petitioner
2. VARGHESE MATHEW.K.,
Vs
1. KOTTAYAM DIST.CO.OP.BANK, KOTTAYAM,
... Respondent
2. AUTHORISED OFFICER (SPL.SALE OFFICER),
For Petitioner :SRI.M.P.MADHAVANKUTTY
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :23/10/2008
O R D E R
K. M. JOSEPH, J.
--------------------------------------
W.P.C. NO. 31031 OF 2008 T
--------------------------------------
Dated this the 23rd October, 2008
JUDGMENT
This is the second time the petitioners approaching this
Court seeking indulgence of this Court in the matter of clearing
loan arrears. I heard the learned counsel appearing for the
petitioners and also the learned counsel appearing on behalf of
the respondent Bank. Shri M.P. Madhavankutty, learned
counsel for the petitioners submits that the petitioners will
deposit Rs.2 Lakhs prior to the time of sale mentioned in
Exts.P1 and P2, and that they seek adjournment of the sale by
six weeks, and that they will clear the entire amount remaining
to be paid.
2. The Writ Petition is disposed of recording the
submission of the learned counsel for the petitioners and
directing that if the petitioners deposit Rs.2 Lakhs (Rupees Two
Lakhs) before the time of sale mentioned in Exts.P1 and P2, the
sale pursuant to Exts.P1 and P2 will be adjourned by six weeks.
WPC.31031/08 T 2
This is to enable the petitioners to clear the entire amount
remaining to be paid within that period. If either the petitioners
do not pay Rs.2 Lakhs (Rupees Two Lakhs) or clear the entire
amount remaining to be paid as aforesaid, they will lose the
benefit of this Judgment and the recovery proceedings can go on
in accordance with law.
Sd/=
K. M. JOSEPH, JUDGE
kbk.
// True Copy //
PS to Judge