IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17110 of 2009(G)
1. RAJAN GEORGE, AGED 50 YEARS,
... Petitioner
Vs
1. THE PATHANAPURAM PRIMARY CO-OP.
... Respondent
For Petitioner :SRI.A.F.SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :20/07/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.17110 OF 2009
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Dated this the 20th day of July, 2009.
JUDGMENT
Heard both sides.
2. The petitioner is a defaulter to the respondent, in
respect of the two loans availed of by him. Default
was committed and proceedings were initiated, which
have reached the stage of sale of the properties belonging
to the petitioner.
3. In this writ petition, although several contentions
are raised, all that is pressed before me is for an instalment
facility, in order to enable the petitioner to discharge the
debt. Petitioner also confesses that against the condition
imposed by this court in the order dated 19.6.2009, he
could pay only Rs.20,000/-.
4. Irrespective of all the above, having regard to the
fact that the petitioner expressed his expressed a genuine
desire to discharge the liability, I am inclined to think that
WP(c).No.17110/09 2
the petitioner could be afforded yet another opportunity to
liquidate the liability and save the property from distress
sale.
Accordingly, the writ petition is disposed of directing
that the balance amount due to the respondent be permitted
to be remitted in four equal monthly instalments, first of
which shall be paid on or before 30th July, 2009. The
subsequent instalments shall be paid on or before 30th of
every succeeding month. Subject to payment as above without
default, the sale shall be deferred and in case default is
committed the Bank will be free to continue the proceedings.
(ANTONY DOMINIC)
JUDGE
vi/
WP(c).No.17110/09 3