High Court Kerala High Court

Sasankan vs The Kollam Co-Operative … on 21 August, 2009

Kerala High Court
Sasankan vs The Kollam Co-Operative … on 21 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20168 of 2009(M)


1. SASANKAN, S/O.PAVITHRAN,
                      ...  Petitioner

                        Vs



1. THE KOLLAM CO-OPERATIVE AGRICULTURAL
                       ...       Respondent

2. THE SPECIAL SALES OFFICER, KOLLAM

                For Petitioner  :SRI.C.RAJENDRAN

                For Respondent  :SRI.C.UNNIKRISHNAN (KOLLAM)

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :21/08/2009

 O R D E R
                        ANTONY DOMINIC, J.
                   -------------------------
                     W.P.(C.) No.20168 of 2009
             ---------------------------------
            Dated, this the 21st day of August, 2009

                           J U D G M E N T

The petitioner is aggrieved by Ext.P2 sale notice published by

the respondent Bank, by which, the property, which was mortgaged

by the petitioner, was scheduled to be sold for realising the dues

that the petitioner owes to the Bank. The sale was schedule on

24/07/20009. But, it is now reported that the sale did not

materialise on that date.

2. In this writ petition all that the petitioner seeks is an

instalment facility to pay the amount due to the Bank.

3. I heard the learned counsel appearing for the respondent

Bank, who opposes the claim pointing out the default that is

committed.

4. Be that as it may, now that the petitioner is only seeking

an instalment facility to discharge the debt, I am inclined to think

that the petitioner can be given yet another opportunity to salvage

his property from a distress sale.

WP(C) No.20168/2009
-2-

5. Therefore, the writ petition is disposed of directing that

the petitioner will be permitted to pay the balance amount due in

six equal monthly instalments. The first instalment shall be paid on

or before 29/08/2009, and the subsequent instalments shall be

paid on or before 29th of every succeeding month. It is made clear

that in case if the petitioner fails to make payment as above, it will

be open to the Bank to continue the proceedings.

The writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg