IN THE HIGH COURT OF KERALA AT ERNAKULAM
Con Case(C) No. 1108 of 2007(S)
1. C.T.JOSEPH, AGED 46 YEARS, S/O.THOMAS,
... Petitioner
Vs
1. ALOSIOUS GEORGE,
... Respondent
2. GEORGE, SON OF (NOT KNOWN TO THE
For Petitioner :SRI.P.M.BENZIR
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
Dated :03/08/2007
O R D E R
A.K.BASHEER, J.
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Contempt Case (C) No.1108 OF 2007
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Dated this the 3rd day of August, 2007
JUDGMENT
Having heard learned counsel for the parties, I am not
satisfied that this petition under the Contempt of Courts Act
has to be entertained.
2. However, I am of the view that in the larger interest
of the parties, it will be appropriate if some directions are
issued invoking the jurisdiction under Article 226 of the
Constitution of India, so that the property of the petitioner
which is scheduled to be sold in auction on August 9, 2007
can be saved, if the petitioner is prepared to remit a
substantial portion of the amount.
3. Learned counsel for the Bank submits that the Bank
is interested in getting the money without any further delay.
It is further contended by him that the petitioner has shown
total indifference in making the payment. I do not propose to
go into that area of controversy.
Cont. Case (C)1108/07
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4. Learned counsel for the petitioner submits that the
petitioner is prepared to remit a substantial portion of the
liability, if so directed. Having heard learned counsel for the
parties, this petition is disposed of with the following
directions:
(a) Petitioner shall remit a sum of Rs.1,00,000/- before
the Bank on or before September 4, 2007, in which
event the sale shall stand adjourned.
(b) The balance amount shall be paid in seven equated
monthly instalments starting from October 5, 2007. If
the petitioner commits default in payment of any one
of the monthly instalments, the Bank shall be entitled
to recover the entire amount in lump by proceeding
against the property.
(c) The Bank shall furnish a statement of account to
the petitioner indicating the exact amount due from
him, including the details regarding interest, within
one week from the date of receipt of a copy of this
judgment.
Cont. Case (C)1108/07
:: 3 ::
(d) It will be open to the petitioner to raise his
objections, if any, to the statement. The Bank shall
hear the petitioner in the light of the objections raised
by him.
(e) Petitioner shall appear before the officer concerned
in the Bank on August 16, 2007 and a decision in the
matter shall be taken by the Bank after hearing the
petitioner.
(f) If the petitioner fails to appear before the Bank as
directed above, or if he fails to remit the sum of
Rs.1,00,000/- on or before the above date, it will be
open to the Bank to proceed with the sale without
affording any further opportunity to the petitioner.
The contempt of court case is closed.
A.K.BASHEER, JUDGE
jes