IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 5195 of 2008(R) ------------------------- PETITIONER: --------------- T.K.MASOOD, PLYTECH, PAULIN'S BUILDINGS, T.D.ROAD, ERNAKULAM, RESIDING AT SAFEENA MANZIL, BALABHAVAN ROAD, ALAPPUZHA. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS: ------------------ 1. THE DEPUTY GENERAL MANAGER, UNION BANK OF INDIA, M.G.ROAD, ERNAKULAM. 2. THE MANAGER, UNION BANK OF INDIA, MAIN BRANCH, M.G.ROAD, ERNAKULAM. BY ADV. SRI.A.S.P.KURUP, SC, UBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.5195/2008 ----------------------------------------------------------------- Dated this the 18th day of February, 2008 JUDGMENT The petitioner seeks a direction to the respondents to permit him to remit the arrears of instalments and also directing to consider Ext.P2 representation made by him. Ext.P1 is a notice of demand issued by the recovery officer pursuant to the certificate in O.A.No.44/2002. It is also stated that the properties are now scheduled to be sold on 7th March, 2008 and according to the learned counsel for the Bank, in view of the fact that the Bank has initiated the proceedings way back in 2002, the request made by the petitioner at this distance of time lack bona fides. Be that as it may, now that the petitioner has filed Ext.P2 request before the Bank requesting for concession in the matter and that is a matter to be considered by the Bank. However, such consideration can only be conditional 2 and therefore I pass the following orders. 2. The petitioner shall deposit Rs. 2.5 lakhs before the second respondent before 29.2.2008. 3. If the petitioner makes remittance as above, the first respondent shall consider Ext.P2 representation made by the petitioner and pass orders thereon before 6.3.2008. However, continuance of the proceedings against the petitioner will depend upon the decision to be taken on Ext.P2. If time permits, it will be open to the first respondent to hear the petitioner. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. 3