IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 WP(C).No. 3829 of 2008(E) ------------------------- PETITIONER: ------------ N.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, 2002, DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM. 3. THE BRANCH MANAGER, PERUMPANACHI BRANCH DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM. 4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. BY ADV. SRI.SUNIL CYRIAC,SC,DIST.CO-OP,BANK,KTM SENIOR GOVERNMENT PLEADER, SMT.ANU SIVARAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 3829 of 2008-E ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 7th day of February, 2008 J U D G M E N T The petitioner faces SARFAESI Act proceedings. In fact, no contentions survive Ext.P3 judgment, except an opportunity to consider his case for one time settlement scheme. Apparently, that has also failed. Now, the petitioner confines his endeavour to see whether a portion of the property could be sold in a private sale and liquidate the outstanding. Under such circumstances, it is ordered that any sale of the property under the SARFAESI Act will stand deferred till 29th of March, 2008, within which time the petitioner shall offer a willing purchaser and pays of the entire outstanding to the loan and on such payment the bank shall release the documents and close the transaction. The parties shall ensure that the time limit fixed here shall be treated as peremptory. No other questions arise. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge ms