IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 1572 of 2008(K) ------------------------- PETITIONER: ------------- M.N.VIJAYAN NAIR, ADVOCATE, KALAPURAKKAL HOUSE, PERUMAPANACHI, CHANGANACHERY. BY ADV. SRI.P.M.SEBASTIAN SRI.M.R.MOUNEESH RESPONDENTS: ----------------- 1. KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL MANAGER, KOTTAYAM. 2. SPECIAL OFFICER, AUTHORIZED UNDER THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 222, DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM. 3. THE BRANCH MANAGER, PERUMPANACHI BRANCH, DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM. R1 & R3 BY SRI.SUNIL CYRIAC,SC,KTM DIST CO.BANK LTD. R2 BY SMT.ANU SIVARAMAN, GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.1572 OF 2008 ------------------------------------------- Dated this the 14th day of January, 2008 JUDGMENT Withdrawing all other contentions, the petitioner, through learned counsel, submitted at the time of considering the case today that he is prepared to settle the transaction and it is accordingly, that he has made Ext.P2 representation seeking relief by way of One Time Settlement. Under such circumstances, having heard learned counsel for the Bank also, this writ petition is disposed of directing that Ext.P2 will be taken up, considered and disposed of in accordance with law and any benefits available shall be extended to the petitioner and if the petitioner satisfies such terms as may be imposed by the Bank, he shall be extended an opportunity to discharge the outstandings and exclude SARFAESI proceedings. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.