IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 285 of 2008(H) ------------------------ PETITIONER: ------------ M/S.KEERTHY JEWELLERS KEERTHY JUNCTION,M.C.ROAD, KOOTHATTUKULAM REP. BY ITS MANAGING PARTNER R.VIJAYA KUMAR. BY ADV. SRI.DEEPU THANKAN SMT.O.H.NAZEEBA RESPONDENTS: ------------- 1. UCO BANK, KOTTAYAM BRANCH CYRILS TOWER, STATION ROAD NEAR COLLECTORATE KOTTAYAM 686 001 REP. BY ITS BRANCH MANAGER. 2. THE AUTHORISED OFFICER UCO BANK, KOTTAYAM BRANCH CYRILS TOWER, STATION ROAD KOTTAYAM 686 001 BY ADV. SRI.KODOTH SREEDHARAN, SC FOR BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 285 OF 2008 H = = = = = = = = = = = = = = Dated this the 13th February, 2008 J U D G M E N T The challenge in this writ petition is against the securitization proceedings initiated by the bank against the petitioner. 2. It is now seen that the controversy has been compromised as per the terms of Ext. P7. However, petitioner now submits that the sale certificate should be issued not in favour of M/s. Rajesh Exports mentioned in Ext.P7, but in favour of any other nominee of the petitioner. This suggestion made by the petitioner is without upsetting the other terms of the settlement and therefore prima facie it would not appear to be an objectionable one. 3. However, it being a matter of varying the terms of Ext.P7 compromise, this Court will not be justified in imposing any additional terms to Ext. P7 or modifying the terms. Primarily this is a matter for the bank to consider and decide. Therefore, if the petitioner makes a request for a change as indicated above to Ext. P7 the bank will consider and take a decision. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-