IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 21421 of 2007(A) --------------------------------------- PETITIONER: -------------------- A.K.RAJAGOPALAN, S/O. LATE M.K.THIRUMULPAD, PROPRIETOR, M/S. RAJ AGENCIES, HIGH SCHOOL ROAD JUNCTION, PATTAMBI ROAD, CHERPULASSERI, PALGHAT DISTRICT. BY ADV. SRI.DEVAN RAMACHANDRAN SMT.T.G.SEETHAL SRI.SUMESH KUMAR RESPONDENTS: ------------------------ 1. VIJAYA BANK, NELLAYA BRANCH, PALGHAT DISTRICT, REPRESENTED BY ITS BRANCH MANAGER. 2. THE AUTHORISED OFFICER, VIJAYA BANK, NELLAYA BRANCH, PALGHAT DISTRICT. BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21421/2007 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SELECTION 13(2) NOTICE DTD. 26/04/05. EXT.P2: COPY OF THE LETTER ISSUED BYTHE 1ST RESPONDENT BANK DTD. 15/03/05. EXT.P3: COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT BANK DTD. 27/09/05. EXT.P4: COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE BANK DTD. 3/10/05. EXT.P5: COPY OF THE POSSESSION NOTICE DTD. 9/10/2006 ISSUED BY THE 2ND RESPONDENT. EXT.P6: COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE BANK DTD. 9/10/06. EXT.P7: COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE BANK DTD. 14/03/07. EXT.P8: COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE BANK DTD. 30/06/07. EXT.P9: COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DTD. 24/01/2008. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 21421 OF 2007 A = = = = = = = = = = = = = = = = Dated this the 27th February, 2008 J U D G M E N T In this writ petition challenging the proceedings initiated by the bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, it is seen that the property is scheduled to be sold on 4.3.2008 and Ext. P9 is the notice published by the bank. 2. At this stage all that the petitioner seeks is that the bank may intimate him the minimum amount that is required for settling the liability of the petitioner. It being the last endeavour of the petitioner to save his property from a distress sale, I feel, the request needs to be considered. 3. Therefore, the writ petition is disposed of directing the 1st respondent to intimate the petitioner the minimum amount that is required to be paid off to settle his liability and save the property that is proposed to be sold on 4.3.2008. This the 1st respondent W.P.(C) No. 21421 OF 2007 -2- shall do before 2.3.2008. 4. The petitioner may approach the 1st respondent with an appropriate representation in this behalf and on receipt thereof, the 1st respondent shall give the intimation to the petitioner as directed above. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-