IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 30604 of 2008(R) -------------------------- PETITIONER(S): --------------- M.C.ABRAHAM, AGED, 58 YEARS , S/O.LATE CHACKO, MAMPARAMBIL HOUSE, VELLOOR.P.O, PAMPADY, KOTTAYAM. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD,HEAD OFFICE, P.B.NO.140,DISTRICT CO-OPERATIVE BANK BUILDING, KOTTAYAM-686001. 2. AUTHORIZED OFFICER, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD, KOTTAYAM-1. ADV. SRI.T.A.SHAJI,SC,KOTTAYAM DIST.COOP.BAN FOR RPTS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30604 OF 2008 ------------------------------------------- Dated this the 21st day of October, 2008 JUDGMENT The petitioner availed a facility from the first respondent. Faced with SARFAESI Act proceedings, he filed this writ petition. The Bank has, thereafter, sold the property, but the same is yet to be confirmed. The auction purchaser has deposited part of the bid amount. If that be so, all that the petitioner can claim is for an opportunity to defer the confirmation in view of the fact that total outstandings due from him is only less than Rs.6 lakhs, whereas the upset price fixed was Rs.12½ lakhs and the property was sold for above Rs.16 lakhs. Under such circumstances, as a last opportunity, it is ordered that the confirmation of the sale will stand deferred by a period of two months, provided the petitioner, within that time, pays off the entire outstandings to the Bank, including all accruals and expenditure of SARFAESI Act proceedings and any amount that the Bank may have to additionally pay to the auction purchaser for detaining the amount already deposited by him. It WPC.30604/08 Page numbers is clarified that this judgment will be taken as a last opportunity and failure to comply with the same will result in immediate confirmation of the sale automatically. The writ petition is ordered as above. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.