IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5545 of 2009(K)
1. E.S.GOPALAKRISHNAN
... Petitioner
Vs
1. KERALA FINANCIAL CORPORATION AND ORS
... Respondent
For Petitioner :SRI.A.SHAFEEK (KAYAMKULAM)
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :19/02/2009
O R D E R
K.M.JOSEPH, J.
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W.P.(C) No. 5545 of 2009-K
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Dated, this the 19th day of February, 2009
J U D G M E N T
Petitioner availed a loan which is not repaid. Petitioner
approached this Court earlier and pursuant to the judgment of this Court,
the respondent Corporation allowed the petitioner to pay the amount in
instalments. Ext P2 is dated 22.10.2007. Admittedly the petitioner did
not pay any amount. In view of the default committed, now, Ext.P3 dated
8.1.2009 is issued for sale of the property . The sale will take place on
20.2.2009. The writ petition is filed on 18.2.2009 on the eve of the
same. According to the petitioner, the property given as security is
having a value of above Rs.25 lakhs. It is stated that he is bed ridden
and his body got paralyzed and is not in a position to move freely
without the help of others. It is pointed out that, he took the loan for
purchasing a taxi car.
2. I heard the learned counsel for the petitioner and the
learned Government Pleader.
3. The writ petition is disposed of as follows:
Proceeding pursuant to Ext.P3 will be kept in abeyance on
WPC No. 5545/2009 -2-
condition that the petitioner remits Rs.1,50,000/- (Rupees one lakh and
fifty thousand only) before the time of sale and clears the entire
remaining amount to be paid within a period of six weeks from today. If
the petitioner does not pay Rs.1.5 lakhs or the balance amounts to be
paid, the petitioner will forfeit the benefit of this judgment and it will be
open to the respondents to proceed with the sale.
(K.M.JOSEPH)
JUDGE.
MS