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.
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W.P.(C) NO. 8827 OF 2008 A
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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