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C.T.JOSEPH, AGED 46 YEARS, S/O.THOMAS versus ALOSIOUS GEORGE

High Court of Kerala

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C.T.JOSEPH, AGED 46 YEARS, S/O.THOMAS v. ALOSIOUS GEORGE - Con Case(C) No. 1108 of 2007(S) [2007] RD-KL 14855 (3 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con Case(C) No. 1108 of 2007(S)

1. C.T.JOSEPH, AGED 46 YEARS, S/O.THOMAS,
... Petitioner

Vs

1. ALOSIOUS GEORGE,
... Respondent

2. GEORGE, SON OF (NOT KNOWN TO THE

For Petitioner :SRI.P.M.BENZIR

For Respondent : No Appearance

The Hon'ble MR. Justice A.K.BASHEER

Dated :03/08/2007

O R D E R

A.K.BASHEER, J.

Contempt Case (C) No.1108 OF 2007

Dated this the 3rd day of August, 2007



JUDGMENT

Having heard learned counsel for the parties, I am not satisfied that this petition under the Contempt of Courts Act has to be entertained.

2. However, I am of the view that in the larger interest of the parties, it will be appropriate if some directions are issued invoking the jurisdiction under Article 226 of the Constitution of India, so that the property of the petitioner which is scheduled to be sold in auction on August 9, 2007 can be saved, if the petitioner is prepared to remit a substantial portion of the amount.

3. Learned counsel for the Bank submits that the Bank is interested in getting the money without any further delay. It is further contended by him that the petitioner has shown total indifference in making the payment. I do not propose to go into that area of controversy. Cont. Case (C)1108/07

4. Learned counsel for the petitioner submits that the petitioner is prepared to remit a substantial portion of the liability, if so directed. Having heard learned counsel for the parties, this petition is disposed of with the following directions:

(a) Petitioner shall remit a sum of Rs.1,00,000/- before the Bank on or before September 4, 2007, in which event the sale shall stand adjourned.

(b) The balance amount shall be paid in seven equated monthly instalments starting from October 5, 2007. If the petitioner commits default in payment of any one of the monthly instalments, the Bank shall be entitled to recover the entire amount in lump by proceeding against the property.

(c) The Bank shall furnish a statement of account to the petitioner indicating the exact amount due from him, including the details regarding interest, within one week from the date of receipt of a copy of this judgment. Cont. Case (C)1108/07

(d) It will be open to the petitioner to raise his objections, if any, to the statement. The Bank shall hear the petitioner in the light of the objections raised by him.

(e) Petitioner shall appear before the officer concerned in the Bank on August 16, 2007 and a decision in the matter shall be taken by the Bank after hearing the petitioner.

(f) If the petitioner fails to appear before the Bank as directed above, or if he fails to remit the sum of Rs.1,00,000/- on or before the above date, it will be open to the Bank to proceed with the sale without affording any further opportunity to the petitioner. The contempt of court case is closed.

A.K.BASHEER, JUDGE

jes


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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