IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 31439 of 2009(Y) -------------------------- OA.212/2005 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONER: --------------- M.H.WAHEEDA, AGED 37 YEARS,W/O.K.M.ABDUL JALEEL, KARIPPODY VILLA,KOTTIKULAM, BEKAL POST,KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS SMT.P.K.PRIYA RESPONDENTS: --------------- 1. STATE BANK OF TRAVANCORE, REPRESENTED BY ITS BRANCH MANAGER, KASARAGOD MAIN BRANCH,KASARAGOD P.O., KASARAGOD DISTRICT,KERALA-691001. 2. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL,ERNAKULAM. BY ADV. MR. R.S. KALKURA,SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 31439 OF 2009 ......................................................................... Dated this the 7th January , 2010 J U D G M E N T The petitioner has approached this Court challenging the proceedings taken by the first respondent Bank for realization of the amount due under the loan transaction. The case of the petitioner is that the steps to have the matter settled by way of OTS are pending consideration and that it is without any regard to the same that the Bank has proceeded to sell the property of the petitioner which was given as security. 2. When the matter came up for consideration before this Court on 04.11.2009, coercive steps were intercepted on condition that the petitioner remitted a sum of Rs. 5 lakhs on or before16.11.2009, which however was extended as per the order dated 18.11.2009 till 30.11.2009. On 02.12.2009, on reporting compliance, the interim order was extended and taking note of the submission made from the part of the respondent Bank with specific reference to the contents of Ext.P6 stating that deposit of Rs.20 lakhs was necessary, as proposed and accepted between the parties to have the matter settled once and for all, this Court directed the petitioner to deposit the remaining sum of Rs.15 lakhs on or before 31.12.2009 to have the matter considered W.P.(C) No. 31439 OF 2009 2 and finalized under the OTS. 2. The learned Counsel for the petitioner submits that the petitioner has deposited the said amount as well, which is stated as correct from the part of the respondents as well. The learned Counsel for the respondent Bank, on instruction, submits that the file has already been forwarded to the Zonal Office for further consideration and finalization of the proceedings. 3. In the above facts and circumstances, the respondents are directed to have the matter considered and finalized as stated in Ext. P6 and as brought to the notice of this Court during the course of the proceedings. The final orders shall be passed within one month from the date of receipt of a copy of the judgment . It is made clear that there will be no further coercive steps in respect of the above proceedings until the matter is finalised, as above. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk