IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19126 of 2009(I)
1. JANARDHANAN, AGED 50 YEARS,
... Petitioner
Vs
1. COCHIN CO-OP.AGRICULTURAL & RURAL
... Respondent
For Petitioner :SRI.A.F.SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :15/07/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.19126 OF 2009
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Dated this the 15th day of July, 2009.
JUDGMENT
Petitioner submits that he had borrowed Rs.82,500/-
from the respondent Bank, mortgaging the immovable
properties having an extent of 68 cents. Default was
committed. By Ext.P1 Bank has taken steps for selling
property. Sale was scheduled to 15.6.2009. However,the
sale did not materialize. It is at that stage, the writ petition
is filed challenging this writ petition.
2. On merits, I see nothing objectionable in the action
taken by the Bank, since admittedly the petitioner is a
defaulter. Standing Counsel for the Bank points out that, in
view of several other encumbrances on the property
mortgaged, the sale was not held in pursuance to Ext.P1.
3. Now that sale has not materialized so far, I am of
the view that the petitioner can be given another
WP(c).No.19126/09 2
opportunity to settle his liability.
Accordingly, the writ petition is disposed of permitting
the petitioner to discharge the liability to the Bank in three
equal monthly instalments. The first instalment shall be paid
on or before 30th of this month and the balance two
instalments shall be paid on or before 30th of August and
September, 2009. Subject to compliance of such condition,
further proceedings pursuant to Ext.P1 will be deferred and in
case default is committed, Bank will be free to proceed with
the sale.
(ANTONY DOMINIC)
JUDGE
vi/
WP(c).No.19126/09 3