MEETHALA PANAYULLATHIL AVULLA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant had availed of four loans from the third respondent Co-operative Bank in the months of October and November, 1996. The total amount of the loans was Rs.2,72,570/-. He did not repay the loan amount, which was payable in instalments. The bank conducted sale of the property mortgaged by the appellant to realise the amount. The sale was confirmed. The appellant filed W.P(C).No. 664 of 2006 challenging the sale proceedings. The writ petition filed by him was dismissed. He has come up in appeal.

(2.) We have heard the learned counsel for the appellant.

(3.) It is evident that the appellant had no intention to repay the loan amounts. When the sale proceedings were initiated, the appellant had filed O.P.No.16129/2001 before this Court, challenging the auction proceedings. As per the judgment of this Court on 25.1.2002, the appellant was permitted to repay the loan amounts in six monthly instalments. The petitioner did not avail that facility. Thereafter, proclamation of sale was made fixing the date of sale as on 24.3.2003. The appellant remitted an amount of Rs.11,000/- on 24.3.2003. The sale was then adjourned to 31.03.2003. Since the appellant did not pay any further amount, sale was conducted on that date. The appellant then filed O.P.No.13286/2003. As per judgment dated 29.07.2003, this Court directed the bank to permit the appellant to pay the amount in instalments. It was further directed that the sale shall not be confirmed till instalment facilities were given to the appellant. In compliance with this judgment, as per Ext.R3(b), the bank permitted the appellant to repay the amount in six instalments. He did not remit any amount. Thereafter, as per Ext.R3(d), the bank permitted the appellant to repay the amount in ten instalments. He did not pay any amount. Thereafter, as per Ext.R3(e), the bank again permitted the appellant to discharge the liability in 15 monthly instalments and even then, he did not remit any amount. The sale was confirmed in favour of the fifth respondent on 30.6.2004. The certificate of sale was issued on 31.8.2004. Possession of the property was delivered to the auction purchaser on 15.10.2005.