The main contention of the petitioner with respect to the Award and order of the Tribunal confirming the sale, is the question of limitation. However, the same is covered against the petitioner by judgments of this Court reported in Thilakan v. M.C.V. Co-Operative Society & Others (1974 KLT 657) and Kavi Rajan v. Co-operative Tribunal (1989 (2) KLT 895) and in W.P.(C).7595 of 2013 dated 21.5.2013. In such circumstances, the writ petition is devoid of merit.
2. However, considering the impecunious circumstances pleaded by the petitioner, it is directed that the respondent Bank shall issue a statement of amounts due as on 30.12.2014 as per Ext.P4 Award and the Bank shall allow the WP(C).5701/13 2 petitioner to settle the entire amounts in 12 monthly instalments, 1st of which shall be paid on or before 11.01.2015 and thereafter; the due date of instalments falling on the 11th of each succeeding month. If default is committed in two consecutive instalments, then the recovery proceedings shall be revived and continued. On the satisfaction of the amounts due as per the Award, the Bank shall give a statement of the future interest from 30.12.2014 and the same shall be settled as the 13th instalment.
The writ petition stands disposed of, leaving the parties to suffer their respective costs.
Sd/-
K.VINOD CHANDRAN
Judge
Mrcs //True Copy//