IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WA.No. 353 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.2321/2009 Dated 29/01/2010 .................... APPELLANT/PETITIONER: ------------------------ RAMLA HIMAMUDHEEN, AGED 48 YEARS, W/O.HIMAMUDHEEN, PROPRIETRIX, M/S.CHEERAN & COMPANY, PETROLEUM DEALERS, PONKUNNAM, THRISSUR. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENTS: --------------- 1. THE AUTHORIZED OFFICER, UCO BANK, SWARAJ ROUND EAST, TRICHUR. 2. UCO BANK, SWARAJ ROUND EAST, TRICHUR, REP. BY ITS BRANCH MANAGER. BY ADV. SRI.GEORGE KARITHANAM VARGHESE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, AG. C.J. & C.N.RAMACHANDRAN NAIR, J. .................................................................... Writ Appeal No.353 of 2010 .................................................................... Dated this the 9th day of March, 2010. JUDGMENT Raman, Ag. C.J. Appellant, aggrieved by the judgment of the learned Single Judge in W.P.(C) No.2321/2009 has preferred this appeal. Proceedings were initiated by the Bank under the SARFAESI Act which was challenged before this court. Pursuant to interim order passed by this court, various amounts were paid. Taking into account all such payments, balance as on the date of filing the Writ Petition comes to Rs.8 and odd lakhs It is submitted by learned Standing Counsel appearing for the Bank that the Bank was prepared to give further concession of Rs.2,60,000/- and according to him, the balance will be little over Rs.6 lakhs. However, the learned Single Judge has directed the appellant to give an amount of Rs.6 lakhs in full and final settlement of the dues and gave one month's time to pay the said amount. 2. We have heard learned counsel Sri.M.Ramesh Chander appearing for the appellant as also Sri.George Varghese, Standing 2 Counsel for the Bank. In the factual situation as stated above and in view of the stand taken by the Bank that no further concession can be extended, court cannot issue any mandate to the Bank to give any further concession. In such circumstances and having regard to the balance amount fixed by the learned Single Judge which is Rs.6 lakhs, we do not find any error in the judgment to be interfered with in this appeal. Accordingly we dismiss the appeal. 3. However, since the one month time granted by the learned Single Judge has expired, if the appellant deposits the above said Rs.6 lakhs within one month from today, the Bank will accept the same and discharge the appellant from any further liability and the account will be treated as closed. P.R.RAMAN Acting Chief Justice C.N.RAMACHANDRAN NAIR Judge pms