High Court Kerala High Court

P.Krishnan vs The Senior Manager on 18 March, 2008

Kerala High Court
P.Krishnan vs The Senior Manager on 18 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8827 of 2008(A)


1. P.KRISHNAN, AGED 70 YEARS, APSARA,
                      ...  Petitioner
2. VIJAYAMMA B., AGED 63 YEARS,
3. HARI.K., AGED 33 YEARS, S/O.P.KRISHNAN,

                        Vs



1. THE SENIOR MANAGER,
                       ...       Respondent

2. THE AUTHORISED OFFICER, UCO BANK,

                For Petitioner  :SRI.B.S.SIVAJI

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :18/03/2008

 O R D E R
                           ANTONY DOMINIC, J.
                         ===============
                      W.P.(C) NO. 8827 OF 2008 A
                    ====================

                Dated this the 18th day of March, 2008

                               J U D G M E N T

The challenge in this writ petition is against Ext.P3, an auction notice

published by the Bank for sale of the property mortgaged by the

petitioners as security for the loan availed of. Going by Ext.P3, the liability

is about Rs.5 lakhs and the auction is to take place tomorrow. It is at the

last minute this writ petition has been filed. Though for the delay itself the

petitioners should be denied relief, still having regard to the facts, I direct

that the sale shall be deferred by the Bank provided the petitioners remits

50% of their dues before the auction takes place tomorrow. If petitioners

pay as above, the sale will be adjourned and the balance amount due from

the petitioners will be permitted to be paid in three equal monthly

instalments payable before 30th of April, 30th of May and 30th of June,

2008. It is clarified that in case default is committed by the petitioners in

paying as above, Bank will be free to continue the action that it has

already initiated.

Writ petition is disposed of as above.

ANTONY DOMINIC,JUDGE.

Rp