High Court Kerala High Court

P.J.Joy vs Manager on 2 April, 2008

Kerala High Court
P.J.Joy vs Manager on 2 April, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 27725 of 2007(A)


1. P.J.JOY, AGED 50 YEARS,
                      ...  Petitioner

                        Vs



1. MANAGER, UCO BANK,
                       ...       Respondent

2. AUTHORISED OFFICER,

                For Petitioner  :SRI.P.K.SHAJU

                For Respondent  :SRI.GEORGE KARITHANAM VARGHESE

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :02/04/2008

 O R D E R
                          ANTONY DOMINIC, J.

                         ===============
                      W.P.(C) NO. 27725 OF 2007 A
                     ====================

                  Dated this the 2nd day of April, 2008

                             J U D G M E N T

This writ petition filed during September, 2007 is now moved for

orders. Petitioner is a defaulter to the respondent Bank and at the time

when the writ petition was filed Section 13(2) notice was under challenge.

Now proceedings have culminated in possession notice and producing the

said notice as Ext.P3, petitioner is seeking stay of the same by filing IA

4593/2008.

2. What is now prayed for is that he may be permitted to

privately sell the property mortgaged and thus liquidate the liability itself.

3. Admittedly, the petitioner is a defaulter and the property

proceeded against is the mortgaged property. If that be so, on the face of

the opposition raised by the Bank, this court will not be justified indirecting

that the property should be released from mortgage and the petitioner

should be permitted to privately sell the property. Therefore, the relief

sought for by the petitioner cannot be granted.

4. Be that as it may, if the petitioner is so desirous, petitioner

may pay 50% of the amount that is due before 30th of April, 2008 and

WPC 27725/07
:2 :

subject to such payment, I direct that further proceedings pursuant to

Ext.P3 be deferred. If the petitioner complies with the aforesaid direction,

the petitioner will be permitted to repay the balance amount in three equal

monthly instalments, payable on the 30th of May, June and July, 2008. It

is clarified that on default in paying the instalment as above, it will be

open to the respondents to continue the proceedings without further

notice to the petitioner.

Writ petition is disposed of as above.

ANTONY DOMINIC,JUDGE.

Rp