IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 WP(C).No. 26927 of 2005(E) ---------------------------------------- PETITIONER: -------------------- M.P.BAIJU, BEENA APPARALS LTD., C.T.ROAD, PERUMBAVOOR. BY ADV. SRI.V.J.JOSEPH SMT.M.V.LIGI SMT.LISSY JOSEPH RESPONDENTS: ------------------------- 1. KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD.,KSIDC, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE DEPUTY TAHASILDAR (RR), ALUVA TALUK, ALUVA. *ADDL.R3 IS IMPLEADED: R3. V.R.OGES, AGED 44, S/O.RAMAKRISHNA PILLAI, KARTHIKA, IRINGOL P.O., PERUMBAVOOR. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 7/01/2008 IN I.A.NO.16782/2005) R1 BY SRI.M.PATHROSE MATTHAI (SR.), SC SRI.RONY J.PALLATH SRI.RADHIKA RAJASEKHARAN P. SRI.K.A.SEBASTIAN R2 BY GOVERNMENT PLEADER SRI. M.R. SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2008 ALONG WITH WPC.NO.35962 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26927/2005 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF PAPER PUBLICATION DD. 25/07/2001. EXT.P2: COPY OF NOTICE NO.R9-3284/01 DTD. 5/12/01 (U/s.7). EXT.P3: COPY OF NOTICE NO.R9-3284/01 DTD. 5/12/01 (u/s 34) EXT.P4: COPY OF PAPER PUBLICATION DTD. 21/09/02. EXT.P5: COPY OF JUDGMENT NO.28569/02 DTD. 16/06/05. EXT.P6: COPY OF PAPER PUBLICATION DTD. 25/08/05. EXT.P7: COPY OF TENDER FOR SALE OF ASSETS PUBLISHED BY THE RESPONDENTS. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------- W.P.(C) 26927 of 2005 & 35962 of 2007 ----------------------------------------- Dated: January 7, 2008 JUDGMENT WP(C) 26927/2005 was filed challenging the sale conducted by the 1st respondent in terms of Sec.29 of the State Financial Corporation Act. By order dated 9.9.2005 this court, while entertaining the writ petition, had directed that the petitioner should deposit Rs.25 lakhs. Although extension of time was also granted, this condition has not been complied with. Considering the contentions raised, this court by order dt. 26.9.2007 directed that in view of the failure on the part of the petitioner to deposit the amount ordered, the 1st respondent will be free to proceed further with the sale. 2. It is now submitted that in terms of the said order, the 1st respondent confirmed the sale in favour of the bidder, the petitioner in W.P.(C) 35962/2007. While the so, the petitioner has filed an WP(C) 26927/05 & 35962/07 Page numbers application for one time settlement and that is pending consideration of the 1st respondent. 3. In view of the pendency of the application made by the petitioner for one time settlement and as the petitioner has not complied with the condition and also in view of the confirmation of the sale in favour of the purchaser, I dispose of writ petition No.26927/2005 directing that it will be open to the 1st respondent to consider the application for one time settlement that has been submitted by the petitioner. 3. Coming to W.P.(C) No. 35962/2007, this writ petition is filed by the successful bidder of the property claiming that the transaction should be concluded in his favour. Now that I have disposed of W.P.(C) 26927/2005, I dispose of this writ petition also directing that depending upon the decision to be taken on the application for one time settlement filed by the petitioner therein, the claim of the petitioner herein for concluding the transaction in his favour will be decided by the 1st respondent. It is also directed that the time for deposit as extended by this court by interim order dated 5.12.2007 will stand extended until a decision is taken on the WP(C) 26927/05 & 35962/07 Page numbers application for one time settlement submitted by the petitioner in WP(C) No.26927/2005 and communicated to the petitioner herein. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE mt/-