1 W.P.(C) No.39442 of 2023 2025:KER:28009 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 39442 OF 2023 PETITIONER: ALAVI, AGED 63 YEARS, S/O THAVALENGAL MUHAMMED, THAVALENGAL HOUSE, PUZHAKKATTIRI P.O, PERINTHALMANNA, MALAPPURAM DISTRICT., PIN - 679321 BY ADVS. M.B.SHYNI RAMEES P.K. RAJESH KUMAR R. V.R.ANILKUMAR SARAFUDHEEN T. RESPONDENTS: 1 THE SECRETARY, PERINTHALMANNA URBAN CO-OPERATIVE BANK, PERINTHALMANNA P.O., MALAPPURAM DISTRICT, PIN - 679322 2 PERINTHALMANNA URBAN CO-OPERATIVE BANK, PERINTHALMANNA P.O., MALAPPURAM DISTRICT, PIN – 679322, REPRESENTED BY ITS SECRETARY 3 THE SPECIAL SALE OFFICER, PERINTHALMANNA URBAN CO-OPERATIVE BANK, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), PERINTHALMANNA, PIN - 679322 2 W.P.(C) No.39442 of 2023 2025:KER:28009 BY ADVS. SMT.JAYASREE K.P. SRI.JOHN JOSEPH SRI.T.JAYAN, GP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) No.39442 of 2023 2025:KER:28009 JUDGMENT The petitioner was a guarantor for a loan availed of by a third party from the 2nd respondent herein. Insofar as the repayments were not punctual, the 2nd respondent initiated coercive steps against the petitioner – the guarantor. 2. This Court, by the order dated 24.11.2023, ordered payment of Rs.2.5 lakhs as a condition for stay on or before 30.11.2023. 3. The learned counsel for the 2nd respondent herein, Smt.Jayasree K.P., would contend that only an amount of Rs.1.5 lakhs was paid within the time granted by this Court. However, she would add that the petitioner had subsequently paid the balance amount and another amount of Rs.10 lakhs also. The learned counsel for the 2nd respondent would contend that, as on date, the balance payable by the principal debtor is to the extent of Rs.92,52,080/-. 4. The learned counsel for the petitioner, in the afore circumstances, seeks three months time to clear the entire arrears. 4 W.P.(C) No.39442 of 2023 2025:KER:28009 Having considered the respective submissions made as above, this writ petition would stand disposed of as under; i. The petitioner herein to make a deposit of Rs.15 lakhs by 31.05.2025, with the 2nd respondent. ii. If the payment as above is being made by the petitioner, the 2nd respondent to permit the petitioner to clear the balance arrears within a further period of three months thereafter. Sd/- HARISANKAR V. MENON JUDGE anm 5 W.P.(C) No.39442 of 2023 2025:KER:28009 APPENDIX OF WP(C) 39442/2023 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF ORDER DATED 01/04/2019 IN W.P.(C) 9180/2019 OF THIS HON’BLE HIGH COURT Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY ADVOCATE JITHESH PUTHUKKUDY, ADVOCATE COMMISSIONER DATED 13/11/2023 Exhibit P3 A TRUE COPY OF THE SALE AGREEMENT EXECUTED FOR THE SALE OF THE PROPERTY DATED 23/11/2023 Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 23/11/2023 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT