IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 16572 of 2008(W) -------------------------- PETITIONER: ------------ K.BHARGAVI, AGED 78, W/O.LATE KARTHIKEYAN ACHARI, ALAZHIKATHU VEEDU, KANNANALLOOR P.O., KOLLAM. BY ADV. SRI.C.HARIKUMAR SRI.ARAVINDA KUMAR BABU T.K. RESPONDENTS: ------------- 1. THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KOLLAM, REPRESENTED BY ITS GENERAL MANAGER. 2. THE REGISTRAR, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KOLLAM. 3. THE SPECIAL SALE OFFICER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KOLLAM. 4. K.BABU, ALAZHIKATHU VEEDU, KANNANALLOOR P.O., KOLLAM. R1 BY ADV.SRI.B.VINOD R2, R3 BY SR. GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P.(C).No.16572 OF 2008 ------------------------------------------- Dated this the 4th day of June, 2008 JUDGMENT Adv.Sri.B.Vinod appears for the first respondent. The second respondent is an unnecessary party. Hence, deleted. Learned senior Government Pleader appears for the third respondent. Having regard to the nature of the order being issued hereunder, notice to the fourth respondent dispensed with, preserving his right to move for review of this judgment, if aggrieved. 2. The petitioner had offered her property as security for a facility availed by her son Babu, who filed Ext.P1 writ petition and obtained that judgment with certain directions, pursuant to which the Bank issued Ext.P2 on 6.10.2007, fixing the amount due and also offering the benefits of One Time Settlement Scheme that is then available. Neither the petitioner nor her son availed that opportunity and the property is attached and brought to sale. The limited submission made on behalf of the petitioner is that she, an elderly lady, has found out a purchaser WPC.16572/08 Page numbers for a portion of the property and that by way of private sale, she would be able to generate more funds as would be available by a public auction. 3. In the aforesaid circumstances, after hearing counsel for parties, it is directed that the petitioner shall be given a last opportunity for adjourning any sale proceedings to be beyond three months from today and if the petitioner approaches the Bank with the intending purchaser for private sale, the Bank will receive the entire recoverables into the account and close the transaction and release the documents to let private sale take place. It will also be open to the petitioner to request the Bank for any indulgence which it would, in its wisdom, show regarding the total outstandings. Any benefit available under the different circulars and schemes, if available to the petitioner, will be extended notwithstanding Ext.P1 judgment. The writ petition ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.4/6.