IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25209 of 2008(A)
1. BRILLIANT DAS, S/O. HRIDAYA DAS,
... Petitioner
Vs
1. UNION BANK OF INDIA,
... Respondent
2. REGIONAL MANAGER, UNION BANK OF INDIA,
For Petitioner :SRI.K.V.SABU
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :21/08/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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W.P.(C) No.25209 of 2008
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Dated this the 21st August, 2008.
J U D G M E N T
This petition is filed under Article 227 of the
Constitution of India, to quash Ext.P7 sale proclamation issued
by Sub Court, Ernakulam, in E.P.No.211 of 2004 in O.S.No.353
of 1998. Petitioner had earlier approached this Court by filing
W.P.(C) No.4698 of 2008 challenging the proclamation issued by
the executing court. Under Ext.P1 judgment, dated 8.2.2008,
this Court directed executing court not to proceed with the sale,
granting three weeks time to the petitioner to arrive at a
settlement with first respondent, decree holder, Bank. Under
Ext.P2, on the request of the petitioner, decree holder Bank
directed the petitioner to deposit Rs.4 lakhs latest by 28.5.2008,
so as to settle the dispute. Petitioner did not deposit that amount
and instead evidenced by Ext.P5, deposited Rupees One Lakh on
30.5.2008.
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2. Learned counsel appearing for the petitioner and
standing counsel who took notice for respondent decree holder
were heard.
3. The argument of the learned counsel appearing
for petitioner is that he is prepared to pay the balance amount of
Rs.3 lakhs as directed in Ext.P2, and is also prepared to pay the
entire decree debt within two months from today.
4. Learned counsel appearing for the first
respondent opposed the prayer contending that petitioner was
given sufficient time for payment and as per letter dated,
20.5.2008, petitioner had undertaken to pay the entire decree
debt within 90 days from 30.5.2008. In the circumstances, I do
not find any reason to grant three months’s time as sought for by
the petitioner.
The writ petition is disposed directing the
executing court to adjourn the sale to 3.9.2008, if the petitioner
W.P.(C) No.25209 of 2008
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files an affidavit before the executing court agreeing to pay the
entire decree debt and waiving fresh sale proclamation on or
before 25.8.2008.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.