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High Court of KeralaWP(C)/33747/2014disposed of

Ambika v. The Chelannur Service Co-Op.Bank Ltd

2015-01-28Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936 WP(C).No. 33747 of 2014 (P) ---------------------------- PETITIONER:

------------------- AMBIKA, W/O.PRAKASAN, ELAVANPOYIL HOUSE, PARAKKAPUTHUKUTTY, KANNANGARA.P.O.

BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN RESPONDENTS:

------------------------

1. THE CHELANNUR SERVICE CO-OP.BANK LTD.NO.F.1242, CHELLANUR, KOZHIKODE DISTRICT REPRESENTED BY ITS MANAGER-673001.

2. THE SPECIAL SALE OFFICER, CHELLANNUR SCB GROUP OFFICE OF THE ASSISTANT REGISTRAR(GENERAL) KOZHIKODE-673001.

3. THE ASSISTANT REGISTRAR(GENERAL), ASSISTANT REGISTRAR(GENERAL), KOZHIKODE-673001.

BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33747 of 2014 (P) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 A TRUE COPY OF THE SALE NOTICE DATED 14-11-2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXT.P2 A TRUE COPY OF THE RECEIPT DATED 2-5-2013 ISSUED BY THE BANK TO THE PETITIONER EXT.P3 A TRUE COPY OF THE RECEIPT DATED 23-10-2014 ISSUED BY THE BANK TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 33747 OF 2014 ------------------------------------ Dated this the 28th day of January, 2015

JUDGMENT

The first respondent bank though served with notice has not chosen to enter appearance. All that the petitioner prays is for easy instalments to pay the amount due and defer the proceedings for sale in the meanwhile.

2.

I permit the petitioner to pay the balance amount due in eight equal monthly instalments starting from 02.03.2015. The coercive steps pursuant to Ext.P1 notice shall be put on hold if the petitioner complies with the conditions in time. The coercive steps can surge ahead if the petitioner commits default in the payment of any one of the instalments as directed. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd