IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27466 of 2008(T)
1. S. ELANGO, T.C. 40/1215,
... Petitioner
2. SANTHI. B, T.C.40/1215, A LRA - 88,
Vs
1. THE DHANALAKSHMI BANK LTD.,
... Respondent
For Petitioner :SRI.D.KISHORE
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :15/09/2008
O R D E R
V. RAMKUMAR, J.
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W.P.(c).No.27466 of 2008
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Dated this the 15th day of September, 2008
JUDGMENT
Heard the learned counsel for the petitioners as well as the
learned counsel for the respondent-Bank.
2. The liability of the petitioners as per the Execution
Petition filed on 17.01.06 is Rs.3,73,729/- (Rupees three lakhs
seventy three thousand seven hundred and twenty nine only) and
interest thereon. It is submitted that the amount due from the
petitioners as on today will be approximately Rs.4.5 lakhs. The
petitioners are given the benefit of wiping out the decree debt by
way of equal monthly instalments at the rate of Rs.50,000/-
(Rupees fifty thousand only) per month. The 1st instalment shall
be deposited before the Execution Court on or before 29.9.08.
The subsequent instalments shall be deposited on or before the
29th of the subsequent months. In case the petitioners commit
default of any of the instalments, the decree amount shall be
payable in one lumbsum, within one month of the default and
consequently the respondent Bank shall be entitled to fall back
W.P.(C)No.27466 of 2008
2
upon Ext.P2 order for sale dated 16.8.2008 without any fresh
proclamation. The proceedings for sale shall be kept in
abeyance until the petitioners discharge their liability under the
decree as aforesaid and subject to the conditions mentioned
hereinabove. This Writ Petition is disposed of as above.
Dated this the 15th day of September, 2008.
V. RAMKUMAR, JUDGE
sj