IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 24815 of 2010(B) -------------------------------------- PETITIONER: ------------------- T.RAMKUMAR, AGED 51, S/O.THIRUVAKKARA REDDIAR, PANCHRASHNA APARTMENT, SECOND FLOOR, TOC-H ROAD, VYTTILA. BY ADVS. SRI.JOHNSON MANAYANI, SRI.BENHUR JOSEPH MANAYANI. RESPONDENTS: ------------------------ 1. CATHOLIC SYRIAN BANK, HEAD OFFICE, COLLEGE ROAD, TRICHUR, REP.BY ITS CHAIRMAN AND MANAGING DIRECTOR-680 001. 2. BRANCH MANAGER, CATHOLIC SYRIAN BANK, ADOOR P.O., PATHANAMTHITTA. R1 & R2 BY SRI. B.S. KRISHNAN, S.C, ADV. SRI.K.ANAND, SMT.LATHA KRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM, J. -------------------------------------- W.P.(C).No.24815 of 2010 -------------------------------------- Dated this the 6th day of September, 2010 J U D G M E N T ---------------------- This writ petition is filed the premise that the respondent Bank is pursuing remedies before the recovery officer of the Debt Recovery Tribunal, for sale of the mortgaged properties, without considering offer made by the petitioner for effecting substantial payments. Eventhough a sale notice (Ext.P1) issued by the Recovery Officer is challenged in this writ petition, I notice that the date of sale proclaimed was on 8.8.2010. It is submitted by both sides that no sale has taken place so far. It is submitted by the learned counsel for the petitioner that apart from Ext.P2 another concrete offer for effecting part payment of substantial amount was submitted to the 2nd respondent. It is for the petitioner to pursue such offer before the respondents and to seek appropriate remedies regarding settlement W.P.(C).24815/10 -2- of the loan account. 2. Therefore, without prejudice to rights of the petitioner to approach the respondents and without prejudice to the respondents taking appropriate decision on the basis of any concrete offer, regarding settlement of the account, this writ petition is dismissed. C.K.ABDUL REHIM, JUDGE. okb The date “8.8.2010” occurring in line 8 of the first paragraph of the judgment dated 06.09.2010 in WP(C). 24815/2010 is corrected as “08.08.2008” as per order dated 04.11.2010 in I.A.12901/2010. Sd/- Registrar (Judicial)