IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WA.No. 3006 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27421/2007 Dated 01/11/2007 .................... APPELLANT: APPELLANT -------------------- K.P.SUDARSAN, S/O. PARAMESHWARAN, PROPRIETOR, CHYTHANYA INDUSTRIES, RESIDING AT KOLLAMPARAMBU HOUSE, MUHAMMA P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.KKM.SHERIF SRI.P.M.KUNJIMOIDEENKUTTY SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN RESPONDENTS: RESPONDENTS ------------------------ 1. CHERTHALA CO-OP. AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.A-397, CHERTHALA, ALAPPUZHA DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE PRESIDENT, CHERTHALA CO-OP. AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.A-397, CHERTHALA, ALAPPUZHA DISTRICT. 3. THE SALE OFFICER, CHERTHALA CO-OP. AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.A-397, CHERTHALA, ALAPPUZHA DISTRICT. 4. THE ADDITIONAL DIRECTOR OF INDUSTRIES, DEPARTMENT OF INDUSTRIES, THIRUVANANTHAPURAM. 5. THE SECRETARY TO THE DEPARTMENT OF CO-OPERATION, THIRUVANANTHAPURAM. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- W.A.No.3006 of 2007 ----------------------------------------- Dated this the 29th day of February, 2008 JUDGMENT Koshy, J. It is submitted by both sides that the sale of properties purchased by third party in the auction conducted (items 1 to 3 and 6) can be confirmed. The sale consideration can be adjusted towards the loan amount. With regard to the properties specified as item Nos. 4 and 5, it is submitted by the appellant that since one time settlement scheme is in force upto March, 2008, he may be given an opportunity to avail the benefit of the same. We are of opinion that that benefit can be extended to the appellant. Hence, the appellant is allowed to approach the bank for seeking the benefit of one time settlement and if he approaches the bank within two weeks from today, that will be considered by the bank according to law and till the matter is considered, sale of item Nos. 4 and 5 which are purchased by the bank shall not be confirmed. The Writ Appeal is disposed of as above. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs.