IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20168 of 2009(M)
1. SASANKAN, S/O.PAVITHRAN,
... Petitioner
Vs
1. THE KOLLAM CO-OPERATIVE AGRICULTURAL
... Respondent
2. THE SPECIAL SALES OFFICER, KOLLAM
For Petitioner :SRI.C.RAJENDRAN
For Respondent :SRI.C.UNNIKRISHNAN (KOLLAM)
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :21/08/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.20168 of 2009
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Dated, this the 21st day of August, 2009
J U D G M E N T
The petitioner is aggrieved by Ext.P2 sale notice published by
the respondent Bank, by which, the property, which was mortgaged
by the petitioner, was scheduled to be sold for realising the dues
that the petitioner owes to the Bank. The sale was schedule on
24/07/20009. But, it is now reported that the sale did not
materialise on that date.
2. In this writ petition all that the petitioner seeks is an
instalment facility to pay the amount due to the Bank.
3. I heard the learned counsel appearing for the respondent
Bank, who opposes the claim pointing out the default that is
committed.
4. Be that as it may, now that the petitioner is only seeking
an instalment facility to discharge the debt, I am inclined to think
that the petitioner can be given yet another opportunity to salvage
his property from a distress sale.
WP(C) No.20168/2009
-2-
5. Therefore, the writ petition is disposed of directing that
the petitioner will be permitted to pay the balance amount due in
six equal monthly instalments. The first instalment shall be paid on
or before 29/08/2009, and the subsequent instalments shall be
paid on or before 29th of every succeeding month. It is made clear
that in case if the petitioner fails to make payment as above, it will
be open to the Bank to continue the proceedings.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg