IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 W.P(C).No. 10821 of 2008(L) ---------------------------------- PETITIONER: -------------- K.MOHANAN,AGED 45, S/O.KRISHNAN KUTTY, KUNNATHU HOUSE, AVANUR, THIRSSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ----------------- 1. THE CANARA BANK,WEST PALACE ROAD, THRISSUR-680 022, REP. BY ITS AUTHORISED OFFICER. 2. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THIRSSUR. BY ADV. SRI. P. GOPINATHA MENON, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 10821 OF 2008 L = = = = = = = = = = = = = = Dated this the 9th April, 2008. J U D G M E N T Petitioner's prayer is that out of the several items of properties that are mortgaged by the bank, few of them should be released for disposal, so that he could raise enough funds for discharging the liability that is due. It is a matter for the bank to consider and therefore I leave it open to pursue this request with the bank. 2. The proceedings that have already initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 have reached the stage of the bank having issued a sale notice. In view of the fact that the petitioner is moving the bank for getting few items of properties released, I feel, further proceedings should be deferred until the matter is decided by the bank on condition that the petitioner remits Rs. 25 lakhs within two weeks from today. W.P.(C) No. 10821 OF 2008 - 2 - 3. The representation as above shall be filed by the petitioner along with the instalment ordered above and on receipt thereof, the bank shall communicate its decision within 3 weeks thereafter. 4. Writ petition is disposed of as above. Petitioner shall produce a copy of this judgment before the respondent bank for compliance. ANTONY DOMINIC JUDGE jan/-