IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1879 of 2008(W)
1. AYYAPPAKUTTY, AGED 60 YEARS,
... Petitioner
Vs
1. SALE OFFICER/AUTHORISED OFFICER,
... Respondent
2. GURUVAYUR CO-OPERATIVE URBAN BANK,
For Petitioner :SRI.RAJIT
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :16/01/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN,J.
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W.P.(C)No. 1879 OF 2008
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DATED THIS THE 16TH DAY OF JANUARY, 2008
J U D G M E N T
Having regard to the nature of the direction issued
hereunder notices to the respondents are dispensed with
preserving their right to move for review of this judgment, if
aggrieved.
2. The petitioner availed a loan. Going by Exhibit P1, as
on 15.11.2007 the accrued debt is Rs.1,95,467/-. That would
carry with it future interest and other incidentals as of now. The
value of the property proceeded against, going by Exhibit P1, is
more than 3 fold of the amount to be recovered.
3. Under the aforesaid circumstances, as a last
opportunity, it is directed that if the petitioner wipes off the
entire outstandings in six equal monthly instalments, payable on
or before the last working day of every month commencing from
January, 2008 the impugned distress action will be dropped. To
W.P.(C)No.1879/08 2
aid such purpose, it is directed that any sale in terms of Exhibit
P1 shall stand adjourned periodically. If the petitioner does not
make payment of the instalments, the Bank can forth with
conduct the sale without any further notice to the petitioner.
The writ petition is disposed of as above.
THOTTATHIL B.RADHAKRISHNAN, JUDGE.
dsn