IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 25365 of 2008(T) -------------------------------------- PETITIONER: ------------------- LALITHA, W/O.T.M. SIVASANKARAN, THAZHISSERY HOUSE, P.O. IRINGAPRAM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN, SRI.SAIJO HASSAN, SRI.A.S.SABU. RESPONDENTS: ----------------------- 1. THE COCHIN CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED NO. 329, CIVIL LANE ROAD, THRISSUR - 4, REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL SALE OFFICER, THE COCHIN CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO. 329, CIVIL LANE ROAD, THRISSUR-4. BY ADV. SRI. T.R. HARIKUMAR,S.C, ADV. SRI. V.G. ARUN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.25365 of 2008 ================================== Dated this the 27th day of August, 2008. JUDGMENT Petitioner availed a housing loan for Rs.1,50,000/- in 1998. She says that she could not repay since her husband lost employment. The property was brought to sale and the creditor, a Co-operative Bank bid it in auction. The sale is not confirmed. She seeks the indulgence of the bank to grant her any ameliorative benefit that may be available either in the form of One Time Settlement Scheme or otherwise and let her recoup the property without listing. In the aforesaid circumstances, after hearing the learned counsel for the petitioner and the learned counsel for the Bank, while I repel all the contentions challenging the impugned proceedings, this writ petition is ordered directing that the Bank will consider the request of the petitioner, as stated above and take WPC25365/2008 -:2:- a final decision thereon and give the petitioner an opportunity to save the property from distress action on such terms as the Bank may fix. To aid such process, the petitioner is directed to appear before the first respondent on 5-9-2008, so that the Secretary of the Bank can fix an appropriate date for considering the case of the petitioner. All further proceedings on the basis of the impugned sale will stand suspended. It is also clarified that if the petitioner does not comply with the decision of the Bank within a period of two months therefrom, the sale will stand confirmed. Thottathil B.Radhakrishnan, Judge. sl.29.8.